BLOSS ET AL.
v.
DYKEMA
Per Curiam.
The petition for a writ of certiorari is granted and the judgment of the Michigan Court of Appeals is reversed. Redrup v. New York, 386 U. S. 767.
The Chief Justice and Mr. Justice White are of the opinion that certiorari should be denied.
Mr. Justice Marshall took no part in the consideration or decision of this case.
Mr. Justice Harlan,
dissenting.
I would affirm the judgment of the Michigan Court of Appeals upon principles heretofore often expressed by me. See my opinions in Roth v. United States, 354 U. S. 476, 496 (1957); Jacobellis v. Ohio, 378 U. S. 184, 203 (1964); Memoirs v. Massachusetts, 383 U. S. 413, 455 (1966). From the standpoint of what I regard as the permissible exercise of state power in this field, the materials in this case fall far short of the “borderline” movie involved in Cain v. Kentucky (reversed summarily), 397 U. S. 319 (1970), see my dissent in that case, and I am at a loss to understand how these materials can be deemed to qualify for Redrup treatment when only a short time ago the Court declined to accord that treatment to the materials involved in Spicer v. New York, cert. denied, 397 U. S. 1042.
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Paris Adult Theatre I v. Slaton, 413 U.S. 49 (U.S. 1973)…burden of deciding scores of obscenity cases by relying on per curiam reversals or denials of certiorari — a practice which conceals the rationale of decision and gives at least the appearance of arbitrary action by this Court. See Bloss v. Dykema, 398 U. S. 278 (1970) (Harlan, J., dissenting). More important, no less than the procedural schemes struck down in such cases as Blount v. Riszi, supra, and Freedman v. Maryland, supra, the practice effectively censors protectéd expression by leaving lower court…1 / 2
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United States v. Womack, 509 F.2d 368 (D.C. Cir. 1972)…at issue in this case consisting of thirty-five magazines and ten posters, some of which had been held nonobscene by various courts. Defense Exhibits 23 and 24 are copies of a heterosexual magazine called Exciting held nonobscene in Bloss v. Dykema, 398 U.S. 278, 90 S.Ct. 1727, 26 L.Ed.2d 230 (1970). Nos. 25, 25a and 25b are “physique” magazines, Grecian Guild Pictorial, Trim; Manual, held non-obscene in Manual Enterprises v. Day, 370 U.S. 478, 82 S.Ct. 1432, 8 L.Ed.2d 639 (1962). No. 26 is also a male phys…
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Huffman v. United States, 470 F.2d 386 (D.C. Cir. 1971)…(1968), reversing 250 La. 682, 198 So. 2d 889 (1967); Carlos v. New York, 396 U.S. 119, 90 S.Ct. 395, 24 L.Ed.2d 303 (1969); Cain v. Kentucky, 397 U.S. 319, 90 S.Ct. 1110, 25 L.Ed.2d 334 (1970), reversing 437 S.W. 2d 769 (Ky.1969); Bloss v. Dykema, 398 U.S. 278, 90 S.Ct. 1727, 26 L.Ed.2d 230 (1970), reversing 17 Mich.App. 318, 169 N.W. 2d 367 (1969); Walker v. Ohio, 398 U.S. 434, 90 S.Ct. 1884, 26 L.Ed.2d 385 (1970); Hoyt v. Minnesota, 399 U.S. 524, 90 S.Ct. 2241, 26 L.Ed.2d 782 (1970), reversing 286 Minn.…1 / 2
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roth v. United States, 354 U.S. 476 (U.S. 1957)
- Jacobellis v. Ohio, 378 U.S. 184 (U.S. 1964)
- A Book Named "john Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts, 383 U.S. 413 (U.S. 1966)
- Redrup v. New York, 386 U.S. 767 (U.S. 1967)
- Cain v. Kentucky, 397 U.S. 319 (U.S. 1970)
- Spicer v. New York, 397 U.S. 1042 (U.S. 1970)
- Eugene Sand & Gravel, Inc. v. Lowe, 397 U.S. 1042 (U.S. 1970)