Two 1973 Supreme Court rulings, "Miller v. California" and "Paris Adult Theatre I v. Slaton," consider the problem of obscenity in light of the First Amendment. Chief Justice Burger's stand, which represented that of a five-man majority, was based on the presumption that obscenity is not protected by the First Amendment because it is a form of expression utterly without redeeming social importance. Justice Brennan's position which represented that of the minority, was based on the presumption that legitimate state interests in protecting the public welfare and morality preclude constitutional protection for obscenity. An analysis of the fundamental issues raised in the Burger Brennan clash of opinion reveals basic flaws in the logic of the majority position and suggests that the issue needs to be reexamined. (CC)