BARANOV ET AL.
v.
UNITED STATES

U.S. | 1976-11-08
No. 76-98
with whom Mr. Justice Stewart and Mr. Justice Marshall join,
429 U.S. 944 Supreme Court of the United States (1976) Caution
Cited by 6 cases
Dissent
Mr. Justice Brennan,

Mr. Justice Brennan,

with whom Mr. Justice Stewart and Mr. Justice Marshall join,

dissenting.

Petitioners were convicted of mailing obscene materials in violation of 18 U. S. C. § 1461. I adhere to the view that this statute is “ 'clearly overbroad and unconstitutional on its face.’ ” See, e. g., Millican v. United States, 418 U. S. 947, 948 (1974) (Brennan, J., dissenting), quoting United States v. Orito, 413 U. S. 139, 148 (1973) (Brennan, J., dissenting). I therefore would grant certiorari and reverse.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • State v. Hilmer B. Sandini, 395 So. 2d 1178 (Fla. 4th DCA 1981)
    …The denial of effective assistance of counsel refers only to the assistance to be rendered presently in the context of a criminal proceeding. Stevenson v. Reed, 391 F.Supp. 1375 (N.D.Miss. 1975), aff'd, 530 F. 2d 1207 (5th Cir. 1976), cert. denied, 429 U.S. 944, 97 S.Ct. 365, 50 L.Ed.2d 315 (1976). It has no reference to violations of the privilege by former counsel of the accused in prior matters. Nor is threatened emasculation of the privilege a sufficient justification for creating an exclusion under t…
  • Knighton v. Watkins, 616 F.2d 795 (5th Cir. 1980)
    …that 88.2% of all Mississippi State Penitentiary inmates have not finished high school, and 56.3% have less than a 9th grade education.” Stevenson v. Reed, 391 F.Supp. 1375, 1379 (N.D.Miss.1975), aff'd, 530 F. 2d 1207 (5th Cir. 1976), cert. denied, 429 U.S. 944, 97 S.Ct. 365, 50 L.Ed.2d 315 (1976). We also note the position taken by the American Bar Association in its “Standards Relating to the Defense Function,” (approved draft 1971) that “justice is undermined when any party proceeds without a profession…
  • Lindquist v. Idaho State Bd. OF Corr., 776 F.2d 851 (9th Cir. 1985)
    ….1981) (per curiam); Kelsey v. State, 622 F. 2d 956, 957 (8th Cir.1980); Falzerano v. Collier, 535 F.Supp. 800, 803 (D.N.J.1982); Stevenson v. Reed, 391 F.Supp. 1375, 1382 (N.D.Miss.1975), aff'd, 530 F. 2d 1207 (5th Cir.) (per curiam), cert. denied, 429 U.S. 944, 97 S.Ct. 365, 50 L.Ed.2d 315 (1976). What is constitutionally adequate, however, cannot be determined solely by counting books and checking law library floor plans. A book and a library are of no use, in and of themselves, to a prisoner [*856] who…

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