SPIVAK
v.
SHRIVER ET AL.; ART THEATER GUILD, INC., DBA STUDIO ART THEATER, ET AL. V. TENNESSEE EX REL. RHODES; MOTION PICTURE FILM ENTITLED "VIXEN," ET AL. V. OHIO EX REL. KEATING; WATKINS V. SOUTH CAROLINA; STAR, DBA GAYETY BOOKS, INC., ET AL. V. PRELLER ET AL.; BLAIR V. OHIO
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The Court vacated judgments and remanded cases for reconsideration in light of new Supreme Court precedent.
Multiple appeals from federal and state courts concerning obscenity were consolidated. The Supreme Court issued new decisions on obscenity law.…
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Appeal from D. C. M. D. Tenn. Reported below: 315 F. Supp. 695; No: 71-599.
No. 72-683.
No. 72-815.
No. 72-1256.
Appeal from Sup. Ct. Tenn. Reported below: 225 Tenn. 399, 469 S. W. 2d 669;
Appeal from Sup. Ct. Ohio. Reported below: 27 Ohio St. 2d 278, 272 N. E. 2d 137;
Appeal from Sup. Ct. S. C. Reported below: 259 S. C. 185, 191 S. E. 2d 135;
Appeal from D. C. Md. Reported below: 352 F. Supp. 530; and
Appeal from Sup. Ct. Ohio. Reported below: 32 Ohio St. 2d 237, 291 N. E. 2d 451. Motion of appellants to strike appellee's supplemental brief in No. 71-599 denied. Judgments vacated and cases remanded for further consideration in light of Miller v. California, ante, p. 15; Paris Adult Theatre I v. Slaton, ante, p. 49; Kaplan v. California, ante, p. 115; United States v. 12 200-ft. Reels Film, ante, p. 123; United States v. Orito, ante, p. 139; Heller v. New York, ante, p. 483; Roaden v. Kentucky, ante, p. 496; and Alexander v. Virginia, ante, p. 836.
Mr. Justice Douglas would reverse the judgments. See Miller v. California, ante, p. 37. Mr. Justice Brennan, joined by Mr. Justice Stewart and Mr. Justice Marshall, would vacate the judgments and remand cases for further proceedings not inconsistent with his dissent in Paris Adult Theatre I v. Slaton, ante, p. 73. See Miller v. California, ante, p. 47.
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Universal Amusement Co., Inc. v. Vance, 559 F.2d 1286 (5th Cir. 1977)…1228, 28 L.Ed.2d 525 (1971), vacating 315 F.Supp. 695 (M.D.Tenn. 1970) (holding injunction proper). This case was also vacated and remanded in light of Younger v. Harris, supra, and Samuels v. Mackel, supra. The Court later vacated this case again, 413 U.S. 904, 93 S.Ct. 3028, 37 L.Ed.2d 1015 (1973), this time in light of Heller v. New York, supra, and its companion cases: Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973); Paris Adult Theater I v. Slaton, 413 U.S. 49, 93 S.Ct. 2628, 3…