United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. 12 200-Ft. Reels of Film, 413 U.S. 123 (1973)

United States v. 12 200-Ft. Reels of Super 8mm. Film

No. 72

Argued January 19, 1972

Reargued November 7, 1972

Decided June 21, 1973

413 U.S. 123

Syllabus

Congress, which has broad powers under the Commerce Clause to prohibit importation into this country of contraband, may constitutionally proscribe the importation of obscene matter, notwithstanding that the material is for the importer's private, personal use and possession. Cf. United States v. Orito, post, P. 413 U. S. 139. Stanley v. Georgia, 394 U. S. 557, distinguished. The District Court consequently erred in holding 19 U.S.C. § 1305(a) unconstitutional. This case is remanded to the District Court for reconsideration in light of the First Amendment standards newly enunciated by this Court in Miller v. California, ante, p. 413 U. S. 15, which equally apply to federal legislation, and this opinion. Pp. 413 U. S. 124-130.

Vacated and remanded.

BURGER, C. J;, delivered the opinion of the Court, in which WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 413 U. S. 130. BRENNAN, J., filed a dissenting opinion, in which STEWART and MARSHALL, JJ., joined, post, p. 413 U. S. 138.

Page 413 U. S. 124