United States Supreme Court Cases & Opinions

U.S. Supreme Court

BYRNE v. KARALEXIS , 396 U.S. 976 (1969)

December 15, 1969

Application for Stay.

ORDER.

The motion for a stay of the temporary injunction issued by the United States District Court for the District of Massachusetts presented to Mr. Justice Brennan, and by him referred to the Court, is granted pending the timely filing and disposition of an appeal.

Should such an appeal not be filed,

Page 396 U.S. 976 , 977

this stay is to expire automatically. Should such an appeal be timely docketed, this stay is to continue pending the Court's action on the jurisdictional aspect of the case. In the event the appeal is dismissed or the judgment below is summarily affirmed, this stay is to expire automatically. Should the Court note probable jurisdiction of the appeal or postpone further consideration of the question of jurisdiction to the hearing on the merits, this stay is to remain in effect pending the issuance of the judgment of this Court.

Mr. Justice DOUGLAS, dissenting.

Respondents are the owners and operators of a motion picture theatre which has been showing the film, 'I Am Curiour (Yellow).' On June 3, 1969, they were indicted by the Suffolk County Grand Jury for possessing with intent to exhibit an obscene film in violation of Mass.Gen.Laws, c. 272, 28A. On June 17, 1969, respondents brought an action in the United States District Court for the District of Massachusetts to enjoin future prosecutions for the showing of 'I Am Curious (Yellow)' and to declare that prosecution and the Massachusetts statute unconstitutional. On June 24, 1969, the three-judge District Court enjoined the prosecution on the ground that the indictments did not allege scienter. The indictments were then dismissed, and new indictments were thereafter returned. Respondent's request for a temporary injunction barring the second prosecution was denied by the District Court on July 15, 1969. The court stated that it would not consider a claim that the film was not obscene as an evidentiary matter, but invited the parties to submit briefs on the question whether the Massachusetts statute was unconstitutional on its face.

Respondents were convicted of the state obscenity offense on November 12, 1969. The applicant in this proceeding, the District Attorney for Suffolk County, [396 U.S. 976 , 978]

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