In U.S. v. Miller, the 4th Circuit upholds the conviction of a man for sending a sexually explicit letter to his 14-year-old sister

U.S. v. Miller sent a sexually explicit letter to his adopted sister in which he described, in graphic detail, sexual acts he envisioned occurring between himself and his sister.

Miller contends the words used in the letter are no more explicit than lyrics found in certain modern well-known songs.

The Fourth Circuit affirmed that printed words alone can be "obscene" and thus fall outside First Amendment's protection.

Miller 's choice of words combined with the specific conduct depicted create the strong impression on the reader as to the letter's obscene nature.

The court concluded that the material is obscene in general, not just "obscene as to minors" It thus follows that such material "recount[ing] what would be incest involving an adult male and his 14-year-old sister" would have been constitutionally unprotected, under the court's decision.