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Jacobellis v. Ohio (docket #: 11) (1964)  [Findlaw]

Secondary Link Jacobellis v. Ohio  [Legal Information Institute]
Argument Date 03/26/1963
Decided 6/22/1964
Supreme Court Vote 2-4-3
Note Justice Potter Stewart's expressed the difficulty of defining obscenity in this case: "I know it when I see it," he wrote.
Supreme Court Ruling First Amendment claim upheld
IssueWhether the conviction of a manager of a movie theater for "possessing and exhibiting an allegedly obscene film" violated the free speech guarantee of the First Amendment.
Majority Opinion Brennan, J.
Concurring Opinion White, J.(concurring in judgment), Black, J. (joined by Douglas, J.), Stewart, J., & Douglas, J.
Dissenting Opinion Warren, C.J. (joined by Clark, J.), & Harlan, J.
Lower Court Ohio Supreme Court
Lower Court Ruling First Amendment claim denied
For Petitioner
Ephraim London

For Respondent
John T. Corrigan

For Amicus
Bernard A. Berkman, Jack G. Day and Melvin L. Wulf for the American and Ohio Civil Liberties Unions (for petitioner)

Charles H. Keating, Jr. for Citizens for Decent Literature, Inc. (for respondent)

Ruling - Lower Court
173 Ohio St. 22, 179 N. E. 2d 777
"Court Voids Ban on 'Tropic' Book," The New York Times, June 23, 1964, p. 26
"Film Man Will Get Hearing Over Fine in Obscenity Case," The New York Times, Oct. 9, 1962, p. 18
Lewis, Anthony, "'Obscenity' Rule Argued in Court," The New York Times, March 27, 1963, p. 4
Dickson, Del, THE SUPREME COURT IN CONFERENCE 1940-1985 (2001), pp. 357-359
Monaghan, Henry, "First Amendment 'Due Process'," 83 Harv. L. Rev. 518 (1970)
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