Marvin Miller, sent five unsolicited brochures by mail to a restaurant which advertised four adult book titles and an adult movie. The material included sexual languages, photographs and art work of men and women in a sexual activity. The manager of the restaurant and his mother complained to the police, and Miller was convicted of violating a California statute which prohibited the distribution of obscene and inappropriate material.
Miller claimed that California's definition of obscenity conflicted the definition of obscenity of the U.S. Supreme Court and that he should be allowed to spread adult materials, because it is allowed by the first Amendment of freedom of speech. He believed that his conviction should be overturned.
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