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Heller v. New York (docket #: 71-1043) (1973)  [Findlaw]

Argument Date 11/14/1972
Decided 6/25/1973
Supreme Court Vote 5-4
Supreme Court Ruling Case remanded to lower court to determine whether state obscenity statutes are compatible with the new guidelines outlined in Miller v. California (1973).
 
IssueWhether the seizure of a sexually explicit film and arrest of the theater's manager after the film was screened, with no prior adversary hearing, violated the First Amendment.
Majority Opinion Burger, C.J.
Dissenting Opinion Douglas, J., & Brennan, J. (joined by Stewart, J., & Marshall, J.)
Lower Court New York Court of Appeals
Lower Court Ruling First Amendment claim denied
Lawyers
For Petitioner
Irving Anolik

For Respondent
Lewis R. Friedman

Briefs
For Amicus
Charles H. Keating, Jr. (for respondent)

State of California (for respondent)

Ruling - Lower Court
29 N. Y. 2d 319, 277 N. E. 2d 651
News
"Appeals Unit Backs State Obscenity Law," The New York Times, Dec. 29, 1973, p. 1
Carmody, Deirdre, "Smut Drive to Include New Tactic," The New York Times, July 28, 1971, p. 37
Cross, Robert, "Busting the Blue Movie," The Chicago Tribune, Dec. 2, 1973, Sect. H, p. 38
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), Sect. 11.3.4.5
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