This study deals with the Supreme Court decision in the case of Miller v. California, 413 U.S. 15 (1973). The study analyzes the arguments presented in the decision by both the majority and the dissenting justices according to the Toulmin model. This study begins with a review of viewpoints on the First Amendment, and how they will be applied to the question addressed in the thesis. The history of the obscenity controversy is detailed to explain the viewpoints that the Supreme Court has taken dealing with this problem. This study concluded that the arguments presented by the majority were not supported by ample evidence. The arguments presented by Justice Douglas in the dissent were more justified. This study concludes that more study needs to be conducted in the area of obscenity; and that the material should not be suppressed.