Miller dead after Lawrence?

Scott Gerber s-gerber at onu.edu
Tue Jun 14 06:35:50 PDT 2005


Dear Colleagues:

Does the list think that Miller v. California is dead after Lawrence v. 
Texas?  As I'm sure most folks know, a federal trial judge in PA pretty 
much said as much earlier this year (at least in the Internet context).

I found a couple of passing statements in the law reviews that Miller 
is dead after Lawrence (e.g., Prof. Tribe's Harvard comment on 
Lawrence--the Lawrence dissent said it too), but I wonder if that's 
really true.

Any thoughts would be much appreciated, especially from 1st Amendment 
experts (e.g., Eugene Volokh).

Thanks,
Scott

--------------------------------------

Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/


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