Which definition of community standards is more intuitive, the one set out in Jacobellis
or the one set out in Miller? Why?
Give three reasons why the Court turned back to a more conservative approach to the
First Amendment in the early 1950s?
Why did Justice Harlan concur in Gideon? Do you find his argument about Betts
convincing? Why or why not?
In Griswold v. Connecticut, Justice Douglas said the Bill of Rights has “penumbras,”
and used these penumbras to support the right to privacy. What did he mean by
“penumbras,” and what are two areas of the Bill of Rights he pointed to as evidence of a
right to privacy?