United States v. Orito

Appellee was charged with knowingly transporting obscene material by common carrier in interstate commerce, in violation of 18 U.S.C. § 1462. The District Court granted his motion to dismiss, holding the statute unconstitutionally overbroad for failing to distinguish between public and nonpublic transportation. Appellee relies on Stanley v. Georgia, 394 U.S. 557.

Held: Congress has the power to prevent obscene material, which is not protected by the First Amendment, from entering the stream of commerce. The zone of privacy that Stanley protected does not extend beyond the home. See United States v. 12 200-ft. Reels of Film, ante, p. 123; Paris Adult Theatre I v. Slaton, ante, p. 49. This case is remanded to the District Court for reconsideration of the sufficiency of the indictment in light of Miller v. California, ante, p. 15; United States v. 12 200-ft. Reels of Film, supra, and this opinion. Pp. 141-145.

338 F.Supp. 308, vacated and remanded.

BURGER, C.J., delivered the opinion of the Court, in which WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 145. BRENNAN, J., filed a dissenting opinion, in which STEWART and MARSHALL, JJ., joined, post, p. 147.

Solicitor General Griswold reargued the cause for the United States. With him on the brief were Acting Assistant Attorney General Petersen, Jerome M. Feit, and Roger A. Pauley. R. Kent Greenawalt argued the cause for the United States on the original argument.

James M. Shellow reargued the cause for appellee. With him on the brief was James A. Walrath.^[1]