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1964 United States Supreme Court case
Jacobellis v. Ohio Ohio Ct. App. 1961); affirmed, 179 N.E.2d
777 (
Ohio 1962); probable jurisdiction noted,
371 U.S. 808 (1962).
Subsequent None The First Amendment, as applied through the Fourteenth, protected a movie theater manager from being prosecuted for possessing and showing a film that was not obscene.
Chief Justice
Earl Warren
Associate Justices
Plurality Brennan, joined by Goldberg Concurrence Black, joined by Douglas Concurrence Stewart Concurrence White Dissent Warren, joined by Clark Dissent Harlan U.S. Const. amends. I , XIV ; Ohio Rev. Code § 2905.34
Jacobellis v. Ohio , 378 U.S. 184 (1964), was a United States Supreme Court decision handed down in 1964 involving whether the state of Ohio could, consistent with the First Amendment , ban the showing of the Louis Malle film The Lovers (Les Amants ), which the state had deemed obscene .[1]
Background
Nico Jacobellis, manager of the Heights Art Theatre in the
Supreme Court
The Supreme Court of the United States reversed the conviction by ruling that the film was not obscene and so was constitutionally protected. However, the Court could not agree as to a rationale, yielding four different opinions from the majority. No opinion, including the two dissenting ones, had the support of more than two justices. The decision was announced by
William J. Brennan, but his opinion was joined only by Justice
Arthur Goldberg .
Justice Hugo Black , joined by Justice William O. Douglas , reiterated his well-known view that the First Amendment does not permit censorship of any kind.[6] Chief Justice Earl Warren , in dissent, decried the confused state of the Court's obscenity jurisprudence and argued that Ohio's action was consistent with the Court's decision in Roth v. United States and furthered important state interests.[7] Justice John Marshall Harlan II also dissented; he believed that states should have "wide, but not federally unrestricted" power to ban obscene films.[8]
The most famous opinion from Jacobellis , however, was Justice
hard-core pornography". He wrote, "I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But
I know it when I see it , and the motion picture involved in this case is not that."
[9]
Subsequent developments
The Court's obscenity jurisprudence would remain fragmented until 1973's Miller v. California .[10]
See also
References
^ Jacobellis v. Ohio , 378 U.S. 184 (1964).
^ 1634–1699: McCusker, J. J. (1997). How Much Is That in Real Money? A Historical Price Index for Use as a Deflator of Money Values in the Economy of the United States: Addenda et Corrigenda (PDF) . American Antiquarian Society . 1700–1799: McCusker, J. J. (1992). How Much Is That in Real Money? A Historical Price Index for Use as a Deflator of Money Values in the Economy of the United States (PDF) . American Antiquarian Society . 1800–present: Federal Reserve Bank of Minneapolis. "Consumer Price Index (estimate) 1800–" . Retrieved February 29, 2024 .
^ "FindLaw's United States Supreme Court case and opinions" .
^ State v. Jacobellis , 175 N.E.2d 123 (Ohio Ct. App. 1961).
^ State v. Jacobellis , 179 N.E.2d 777 (Ohio 1962).
^ Jacobellis , 378 U.S. at 196 (Black, J., concurring).
^ Jacobellis , 378 U.S. at 199 (Warren, C.J., dissenting).
^ Jacobellis , 378 U.S. at 203 (Harlan, J., dissenting).
^ Jacobellis , 378 U.S. at 197 (Stewart, J., concurring).
^ Miller v. California , 413 U.S. 15 (1973).
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