CINEMA CLASSICS, LTD, INC. v. BUSCH
414 U.S. 946

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U.S. Supreme Court

CINEMA CLASSICS, LTD, INC. v. BUSCH , 414 U.S. 946 (1973)

414 U.S. 946

CINEMA CLASSICS, LTD., INC., et al.
v.
Joseph P. BUSCH, Jr., District Attorney, Los Angeles County, State of California, et al.
No. 72-1510.

Supreme Court of the United States

October 23, 1973

The judgment is affirmed.

Page 414 U.S. 946 , 947

Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL concur, dissenting.

    'Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is guilty of a misdemeanor.'

It is my view that, 'at least in the absence of distribution to juveniles or obtrusive exposure to unconsenting adults, the First and Fourteenth Amendments prohibit the state and federal governments from attempting wholly to suppress sexually oriented materials on the basis of their allegedly 'obscene' contents.' Paris Adult Theatre I v. Slaton, 413 U.S. 49, 113 (1973) (dissenting opinion). It is clear that, tested by that constitutional standard, 311.2(a) is constitutionally overbroad and therefore invalid on its face. For the reasons stated in my dissent in Miller v. California, 413 U.S. 15, 47 (1973), I would therefore vacate so much of the judgment of the District Court as is the subject of the appeal and remand [414 U.S. 946 , 948]


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