|
Majority Opinion
|
Burger, C.J. |
Dissenting Opinion
|
Douglas, J., & Brennan, J. (joined by Stewart, J. & Marshall, J.) |
Lower Court
|
Cal. App. Dep't Super. Ct. |
Lower Court Ruling
|
First Amendment claims denied. |
Oral Arguments
|
Oral Arguments
[Oyez]
Reargument
[Oyez]
edited transcript from Irons, Peter, editor, MAY IT PLEASE THE COURT: THE FIRST AMENDMENT (1997), pp. 154-161
|
Lawyers |
Burton Marks reargued the cause
|
Michael R. Capizzi reargued the cause
|
Samuel Rosenwein, A. L. Wirin, Fred Okrand, Laurence R. Sperber, Melvin L. Wulf, & Joel M. Gora filed a brief for the American Civil Liberties Union of Southern California et al.
|
|
News Stories & Commentary |
Editorial, Bost Herald American, June 26, 1973
|
Editorial, Los Angeles Times, "The Muddied Waters of Obscenity," June 24, 1973
|
Editorial, New York Times, Freedom & Obscenity," June 25, 1973, p. 32
|
Editorial, Wall Street Journal, "On Pornography," June 27, 1973
|
Editorial, Washington Post, "Censorship, Obscenity & A Mature People," June 24, 1973, sect. C, p. 6
|
Kaufman, Michael T., "Officials Seeking New Smut Policy," New York Times, June 27, 1973, p. 57
|
MacKenzie, John P., "New Definition is Established," Washington Post, June 22, 1973, sect. A., p. 1
|
New York Times, "Reversing Field on Obscenity," June 24, 1973, p. 177
|
Oelsner, Lesley, "Experts Agree Prosecutions Will Rise, but Differ on the Over-all Impact," New York Times, June 23, 1973, p. 65
|
Pace, Eric , "Librarians Vote Smut Ruling Fund," New York Times, June 25, 1973, p. 46
|
Pace, Eric, "Decisions Protested by Nation's Media," New York Times, June 23, 1973, p. 65
|
Pace, Eric, "Library Group will Seek Rehearing in Smut Case," New York Times, June 24, 1973, p. 46
|
Rasberry, William, "Obscenity Ruling: The Wrong Question," Washington Post, June 27, 1973, sect. A, p. 31
|
Robinson, Timothy S., "Prosecutors Laud Court's Smut Ruling," Washington Post, June 23, 1973, sect. B, p. 1
|
Shales, Tom, "From 'Chaos' to 'No Effect,'" Washington Post, June 22, 1973, sect. B, p. 1
|
Washington Post, "Debating a Decisions: Hues, Cries & Silences," June 23, 1973, sect. C, p. 2
|
Weaver, Jr., Warren, "5 Decisions by 5-4," New York Times, January 222, 1973, p. 73
|
|
News |
|
Other |
Adler, Amy, "What's Left?: Hate Speech, Pornography, & the Problem of Artistic Expression," 84 California Law Review 1499 (1996)
|
Clor, Harry, "Obscenity & the First Amendment," 7 Loyola, Los Angeles, Law Review 207 (1974)
|
Cole, David, "Playing by Pornography's Rules: The Regulation of Sexual Expression," 143 University of Pennsylvania Law Review 111 (1994)
|
Collins, Ronald, & Skover, David, THE DEATH OF DISCOURSE (1996), pp. 139-200
|
deGrazia, Edward, GIRLS LEAN BACK EVERYWHERE (1992), pp. 561-562, 571
|
Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 363-365
|
Dworkin, Andrea, & MacKinnon, Catharine, PORNOGRAPHY & CIVIL RIGHTS (1988)
|
Dworkin, Andrea, PORNOGRAPHY: MEN POSSESSING WOMEN (1981)
|
Dworkin, Ronald, "Is there a Right to Pornography?," 1 Oxford Journal of Legal Studies 177 (1981)
|
Gey, Steven, "The Apologetics of Suppression: The Regulation of Pornography as Act and Idea," 86 Michigan Law Review 1564 (1988)
|
Heins, Marjorie, SEX, SIN, & BLASPHEMY (1993)
|
Henkin, Louis, "Morals & The Constitution: The Sin of Obscenity," 63 Columbia Law Review 391 (1963)
|
Kalven, Jr., Harry, "The Metaphysics of the Law of Obscenity," 1960 Supreme Court Review 1
|
Lockhart, William, "Escape from the Chill of Uncertainty: Explicit Sex & the First Amendment," 9 Georgia Law Review 533 (1975)
|
MacKinnon, Catharine, & Dworkin, Andrea, editors, IN HARM'S WAY: THE PORNOGRAPHY CIVIL RIGHTS HEARINGS (1997)
|
MacKinnon, Catharine, FEMINISM UNMODIFIED (1987)
|
Michelman, Frank, "Conceptions of Democracy in American Constitutional Argument: The Case of Pornography Regulation," 56 Tennessee Law Review 291 (1989)
|
Pally, Marcia, SEX & SENSIBILITY (1994)
|
Richards, David, "Free Speech & Obscenity Law: Toward a Moral Theory of the First Amendment," 123 University of Pennsylvania Law Review 45 (1974)
|
Saunders, Kevin W., VIOLENCE AS OBSCENITY (1996)
|
Schauer, Frederick, "Causation Theory & the Causes of Sexual Violence," 1987 American Bar Foundation Research Journal 737
|
Schauer, Frederick, "'Speech & Speech'" -- Obscenity and 'Obscenity,'" 67 Georgetown Law Journal 899 (1979)
|
Schauer, Frederick, THE LAW OF OBSCENITY (BNA, 1976)
|
Sherman, Jeffrey O. , "Love Speech: The Social Utility of Pornography," 47 Stanford Law Review 661 (1995)
|
Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 7.02
|
Strossen, Nadine, DEFENDING PORNOGRAPHY (1995)
|
Sunstein, Cass, "Pornography & the First Amendment," 1986 Duke Law Journal 589
|
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 909-924
|
U.S. Department of Justice, BEYOND THE PORNOGRAPHY COMMISSION: THE FEDERAL RESPONSE (1986)
|
U.S. Department of Justice, REPORT OF THE COMMISSION ON OBSCENITY & PORNOGRAPHY (1970)
|
|
|
|