United States v. 12 200-Ft. Reels of Film
Supreme Court of the United States
United States v. 12 200-ft. Reels of Super 8mm. Film et al. (Paladini, Claimant)
Appeal from the United States District Court for the Central District of California
No. 70-2. Argued: January 19, 1972; Reargued November 7, 1972 --- Decided: June 21, 1973
Congress, which has broad powers under the Commerce Clause to prohibit importation into this country of contraband, may constitutionally proscribe the importation of obscene matter, notwithstanding that the material is for the importer's private, personal use and possession. Cf. United States v. Orito, post, p. 139. Stanley v. Georgia, 394 U.S. 557, distinguished. The District Court consequently erred in holding 19 U.S.C. § 1305 (a) unconstitutional. This case is remanded to the District Court for reconsideration in light of the First Amendment standards newly enunciated by this Court in Miller v. California, ante, p. 15, which equally apply to federal legislation, and this opinion. Pp. 124-130.
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. 130. BRENNAN, J., filed a dissenting opinion, in which STEWART and MARSHALL, JJ., joined, post, p. 138.
Solicitor General Griswold reargued the cause for the United States. With him on the brief were Assistant Attorney General Wilson, Deputy Solicitor General Greenawalt, and Sidney M. Glazer.
Thomas H. Kuchel, by invitation of the Court, 404 U.S. 813, reargued the cause as amicus curiae in support of the judgment below. With him on the brief were Edward Weinberg, George Miron, and Ezra C. Levine.[1]
- ↑ Briefs of amici curiae urging affirmance were filed by Melvin L. Wulf and Joel M. Gora for the American Civil Liberties Union; by Joel Hirschhorn, Ralph J. Schwarz, Jr., and Mel S. Friedman for the First Amendment Lawyers' Assn.; and by Harvey A. Silverglate for Christopher W. Walker.