THEVIS v. U.S.
418 U.S. 932

Annotate this Case

U.S. Supreme Court

THEVIS v. U.S. , 418 U.S. 932 (1974)

418 U.S. 932

Michael G. THEVIS
v.
UNITED STATES.
No. 73-1075.

PEACHTREE NEWS COMPANY, INC.
v.
UNITED STATES.
No. 73-1091.

Supreme Court of the United States

July 25, 1974

Rehearing Denied Oct. 15, 1974.

See 419 U.S. 886, 887, 162.

On petition for writs of certiorari to the United States Court of Appeals for the Fifth Circuit.

The petitions for writs of certiorari are denied.

Mr. Justice DOUGLAS, being of the view that any federal ban on obscenity is prohibited by the First Amendment (see United States v. 12 200-ft. Reels of Film, 413 U.S. 123, 130-138 (1973) (Douglas, J., dissenting)), would grant certiorari and reverse the judgments of conviction.

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

Petitioners were convicted in the United States District Court for the Middle District of Florida on charges of using a common carrier for carriage of allegedly obscene

Page 418 U.S. 932 , 933

matter in violation of 18 U.S.C. 1462, which provides in pertinent part as follows:

    'Whoever . . . knowingly uses any express company or other common carrier, for carriage in interstate or foreign commerce--
    '(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character.

* * * * *

    'Shall be fined not more than $5,000 or imprisoned not more than five years, or both . . ..'

The Court of Appeals for the Fifth Circuit affirmed the convictions on six counts.

I adhere to my dissent in United States v. Orito, 413 U.S. 139, 147, in which, speaking of 18 U.S.C. 1462, I expressed the view that '[w]hatever the extent of the Federal Government's power to bar the distribution of allegedly obscene material to juveniles or the offensive exposure of such material to unconsenting adults, the statute before us is clearly overbroad and unconstitutional on its face.' Id., at 147-148. For the reasons stated in my dissent in Miller v. California, 413 U.S. 15, 47 (1973 ), I would therefore grant certiorari, and, since the judgments of the Court of Appeals for the Fifth Circuit were rendered after Orito, reverse.'*

In that circumstance, I have no occasion to consider whether the other questions presented merit plenary review. See Heller v. New York, 413 U.S. 483, 494 (1973) (Brennan, J., dissenting).

Moreover, on the basis of the Court's own holding in Jenkins v. Georgia, 418 U.S. 153 (1974), its denials of certiorari are [418 U.S. 932 , 934]


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