ROTH v. NEW JERSEY - 414 U.S. 962 (1973)
U.S. Supreme Court
ROTH v. NEW JERSEY , 414 U.S. 962 (1973)
414 U.S. 962
State of NEW JERSEY.
Supreme Court of the United States
October 23, 1973
On petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division.
Petition for writ of certiorari granted, judgment vacated, and case remanded to the Superior Court of New Jersey, Appellate Division, for further consideration in light of Miller v. California,
413 U.S. 15 (1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973); Kaplan v. California, 413 U.S. 115 (1973); United States v. 12 200-ft. Reels of Super 8 mm. Film, 413 U.S. 123 (1973); United States v. Orito, 413 U.S. 139 (1973); Heller v. New York, 413 U.S. 483 (1973); Roaden v. Kentucky, 413 U.S. 496 (1973); and Alexander v. Virginia, 413 U.S. 836, 93 S. Ct. 2803 (1973).
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.
Petitioner was convicted on charges of possession and sale of allegedly obscene and indecent publications in violation of New Jersey Statutes 2A:115-2, which provides as follows:
- 'Any person who, without just cause, utters or exposes to the view or hearing of another, or possesses with intent to utter or expose to the view or hearing of another, any obscene or indecent book publication, pamphlet, picture, or any mechanical or electronic recording on a record, tape, wire or other device, or other representation however made or any person who shall sell, import, print, publish, loan, give away, or distribute or possess with intent to sell, print, publish, loan, give away, design, prepare, distribute, or offer for sale any obscene or indecent book, publication, pamphlet, picture or other representation, however made, or who in any way advertises the same, or in any manner, whether by recommendation against its use or otherwise, gives any information how or where any of the same may be [414 U.S. 962 , 964]