FELTON ET AL.
v.
CITY OF PENSACOLA

U.S. | 1968-03-11
No. 934
The Chief Justice would grant the petition and reverse because of the failure of the trial court to adhere to the standard for judging obscenity announced in Roth v. United States, 354 U. S. 476., Mr. Justice Harlan would affirm the judgment of the state court upon the premises stated in his separate opinion in Roth v. United States, 354 U. S. 476, 496, and his dissenting opinion in Memoirs v. Massachusetts, 383 U. S. 413, 455.
390 U.S. 340 Supreme Court of the United States (1968) Negative Treatment
Also reported at: 19 L. Ed. 2d 1220 · 88 S. Ct. 1098 · 1968 U.S. LEXIS 2227 · SCDB 1967-080
Cited by 34 cases
Topics
Roth V. United States Obscenity Standards Writ Of Certiorari

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Per_curiam
Per Curiam.

Per Curiam.

The petition for a writ of certiorari is granted and the judgment of the District Court of Appeal of Florida, First District, is reversed. Redrup v. New York, 386 U. S. 767.

The Chief Justice would grant the petition and reverse because of the failure of the trial court to adhere to the standard for judging obscenity announced in Roth v. United States, 354 U. S. 476.

Mr. Justice Harlan would affirm the judgment of the state court upon the premises stated in his separate opinion in Roth v. United States, 354 U. S. 476, 496, and his dissenting opinion in Memoirs v. Massachusetts, 383 U. S. 413, 455.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Donn E. Davison v. State, 251 So. 2d 841 (Fla. 1971)
    …State v. Henry, 250 La. 682, 198 So. 2d 889 (1967), rev’d per curiam, 392 U.S. 655, 88 S.Ct. 2274, 20 L.Ed.2d 1343 (1968) ; Felton v. City of Pensacola, 200 So. 2d 842 (1st D.C.A.Fla.1967), cert. denied, 204 So. 2d 210 (Fla.1967), rev’d per curiam, 390 U.S. 340, 88 S.Ct. 1098, 19 L.Ed.2d 1220 (1968). Our examination of these cases swiftly brings to mind factors other than the community question which logically warranted the reversals. . Several persons found to be qualified to give opinions as to communit…
  • United Theaters OF Fla., Inc. v. State of Fla. ex rel. Richard E. Gerstein, 259 So. 2d 210 (Fla. 3d DCA 1972)
    …We see no error in the trial court finding these movies obscene after viewing them and without the testimony of any witnesses. Rachleff v. Mahon, Fla.App.1960, 124 So. 2d 878; Felton v. Pensacola, Fla.App.1967, 200 So. 2d 842, rev’d on other grounds 390 U.S. 340, 88 S.Ct. 1098, 19 L.Ed.2d 1220; Kahm v. United States (5th Cir. 1962) 300 F. 2d 78, United States v. Wild (2nd Cir. 1969), 422 F. 2d 34; Jones v. Birmingham, Ala.App.1969, 224 So. 2d 922; Lancaster v. Maryland, 7 Md.App. 602, 256 A. 2d 716 (1969);…
  • City OF Miami v. Rosalind Mason, 246 So. 2d 591 (Fla. 3d DCA 1971)
    …t court departed from the essential requirements of law in that the appellate court substituted its judgment as to matters of fact for that of the trial court. See Felton v. City of Pensacola, Fla.App.1967, 200 So. 2d 842, reversed on other grounds, 390 U.S. 340, 88 S.Ct. 1098, 19 L.Ed.2d 1220 (1968). A review of the record which was before the circuit court convinces us that the City did in fact establish a prima facie case of solicitation for prostitution against the respondent. The only way that the fac…

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