POPE v. ILLINOIS

No. 85-1973.

481 U.S. 497 (1987)

POPE ET AL. v. ILLINOIS

Supreme Court of United States.

Decided May 4, 1987


Attorney(s) appearing for the Case

Glenn A. Stanko argued the cause for petitioners. With him on the briefs was J. Steven Beckett.

Sally Louise Dilgart, Assistant Attorney General of Illinois, argued the cause for respondent. On the brief were Neil F. Hartigan, Attorney General, Roma J. Stewart, Solicitor General, and Mark L. Rotert and Jack Donatelli, Assistant Attorneys General.*

Edward Cooper and James J. Clancy filed a brief for the city of Santa Ana, California, as amicus curiae.


JUSTICE WHITE delivered the opinion of the Court.

In Miller v. California, 413 U.S. 15 (1973), the Court set out a tripartite test for judging whether material is obscene. The third prong of the Miller test requires the trier of fact to determine "whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value." Id., at 24. The issue in this case is whether, in a prosecution...

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