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Under that regime, a publisher would know when he was on dangerous ground.

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What Chief Justice Warren Burger did, instead, was create a three-part test—now called the Miller test—that courts have used ever since to determine whether or not material qualifies as obscene.

Douglas, arguably the most articulate free speech advocate in the Court's history, delivered a blistering dissent in favor of decriminalization:"The difficulty is that we do not deal with constitutional terms, since 'obscenity' is not mentioned in the Constitution or Bill of Rights …

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The Supreme Court made things slightly easier for itself in three cases, all decided between 19.