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Hamling v. United States (docket #: 73-507) (1974)  [Findlaw]

Argument Date 04/15/1974
Decided 6/24/1974
Supreme Court Vote 5-4
Supreme Court Ruling First Amendment claim denied; the
 
IssueWhether a conviction under federal law banning mailing of obscene material failed to meet the "adequate notice" and "community standards" guidelines, among others, laid out in Miller v. California (1973).
Majority Opinion Rehnquist, J.
Dissenting Opinion Douglas, J., Brennan, J. (joined by Stewart, J., & Marshall, J.)
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim denied
Ruling - Lower Court
481 F.2d 307
News
"High Court Rules on Film Obscenity," The Los Angeles Times, June 24, 1974, p. 1
Holles, Everett R., "Erotica Publisher Tries Today To Win Rehearing in High Court," The New York Times, Oct. 15, 1974, p. 23
Kilday, Gregg, "A Casualty of the Sexual Revolution," The Los Angeles Times, Sept. 13, 1974, Sect. G, p. 1
Other
Clor, Harry, "Obscenity and the First Amendment: Round Three, 7 Loy. L.A.L. Rev 207 (1974)
Cohen, Daniel Mark, "Unhappy Anniversary: Thirty Years Since Miller v. California: The Legacy of the Supreme Court's Misjudgment on Obscenity," 15 St. Thomas L. Rev. 545 (2003)
Lockhart, William B., "Escape from the Chill of Uncertainty: Explicit Sex and the First Amendment," 9 Ga. L. Rev. 533 (1975)
Smith, Steven D., "Believing Persons, Personal Believings: The Neglected Center of the First Amendment," 2002 U. Ill. L. Rev. 1233 (2002)
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