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Pope v. Illinois (docket #: 85-1973) (1987)  [Findlaw]

Argument Date 02/24/1987
Decided 5/4/1987
Supreme Court Vote 4-2-3
Supreme Court Ruling First Amendment claim upheld; the standard must be if "a reasonable person would find value" in the material.
 
IssueWhether determining if a work is obscene requires an objective standard instead of "community standards" to constitutionally judge whether the material has "value."
Majority Opinion White, J.
Concurring Opinion Scalia, J. & Blackmun, J. (concurring in part and dissenting in part),
Dissenting Opinion Brennan, J. & Stevens, J. (joined by Marshall, J., Brennan, J. (in all but n. 11) and Blackmun, J. (in Part I))
Lower Court Illinois Court of Appeals
Lower Court Ruling First Amendment claim denied
Lawyers
For Petitioner
Glenn A. Stanko

For Respondent
Sally Louise Dilgart, Attorney General of Illinois

Briefs
For Amicus
American Booksellers Association, Inc. (for petitioner)

American Civil Liberties Union et. al. (for petitioner)

Edward Cooper and James J. Clancy for the city of Santa Ana, California

Irwin Karp and I. Fred Koenigsberg for Volunteer Lawyers for the Arts, Inc. (for petitioner)

Ruling - Lower Court
138 Ill. App. 3d 726, 486 N. E. 2d 350
News
Elsasser, Glen, "Justices Will Rule On Obscenity Law," The Chicago Tribune, Oct. 7, 1986, p. 5
Kamen, Al, "Rotary's Prohibition of Women Voided," The Washington Post, May 5, 1987, Sect. A, p. 1
Taylor, Stuart, "Justices Refine Standard in Determining Obscenity," The New York Times, May 5, 1987, Sect. B, p. 5
Other
Adler, Amy, "Post-Modern Art and the Death of Obscenity Law," 99 Yale L.J. 1359 (1990)
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(1996), Sect. 11.3.4.2
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)
Commentary
"What's Obscene," The Washington Post, May 12, 1987, Sect. A, p. 18
Kilpatrick, James J., "Fog and Smut," The Washington Post, May 16, 1987, Sect. A, p. 1
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