United States v. Reidel

(Redirected from 402 U.S. 351)


United States v. Reidel
by Byron White
Syllabus
942713United States v. Reidel — SyllabusByron White
Court Documents
Concurring Opinion
Harlan
Dissenting Opinion
Marshall

United States Supreme Court

402 U.S. 351

United States  v.  Reidel

 Argued: Jan. 20, 1971. --- Decided: May 3, 1971

See 403 U.S. 924, 91 S.Ct. 2223.

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, 77 S.Ct. 1304, 1 L.Ed.2d 1498. The decision in Stanley v. Georgia, 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d 542, 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.

Solicitor Gen. Erwin N. Griswold, for appellant.

Sam Rosenwein, Studio City, Cal., for appellee.

Mr. Justice WHITE delivered the opinion of the Court.

Notes edit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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