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United States v. Reidel, 402 U.S. 351 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Reidel, 402 U.S. 351 (1971)
United States v. Reidel No. 534 Argued January 20, 1971 Decided May 3, 1971 402 U.S. 351
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
Syllabus
Appellee, who had advertised in the newspaper the sale to persons over 21 years of age of a booklet entitled The True Facts About Imported Pornography, was indicted for mailing copies of the booklet in violation of 18 U.S.C. § 1461, which prohibits the knowing use of the mails for the delivery of obscene matter. Appellee moved to dismiss the indictment, contending that the statute was unconstitutional. Assuming, arguendo, that the booklets were obscene, the trial judge granted the motion to dismiss on the ground that appellee made a constitutionally protected delivery and that § 1461 was unconstitutional as applied to him.
Held: Section 1461 is not unconstitutional as applied to the distribution of obscene materials to willing recipients who state that they are adults. Roth v. United States, 354 U.S. 476. The decision in Stanley v. Georgia, 394 U.S. 557, holding that a State’s power to regulate obscenity does not extend to mere possession by an individual in the privacy of his own home, did not disturb Roth, supra. Pp. 353-356.
Reversed.
WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and HARLAN, BRENNAN, STEWART, and BLACKMUN, JJ., joined. HARLAN, J., filed a concurring opinion, post, p. 357. MARSHALL, J., filed an opinion concurring in the judgment, post, p. 360. BLACK, J., filed a dissenting opinion, in which DOUGLAS, J., joined, post, p. 379.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Reidel, 402 U.S. 351 (1971) in 402 U.S. 351 402 U.S. 352. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=KAKKDM7A5DT9KRJ.
MLA: U.S. Supreme Court. "Syllabus." United States v. Reidel, 402 U.S. 351 (1971), in 402 U.S. 351, page 402 U.S. 352. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KAKKDM7A5DT9KRJ.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Reidel, 402 U.S. 351 (1971). cited in 1971, 402 U.S. 351, pp.402 U.S. 352. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=KAKKDM7A5DT9KRJ.
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