United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Orito, 413 U.S. 139 (1973)

United States v. Orito

No. 70-69

Argued January 19, 1972

Reargued November 7, 1972

Decided June 21, 1973

413 U.S. 139

Syllabus

Appellee was charged with knowingly transporting obscene material by common carrier in interstate commerce, in violation of 18 U.S.C. § 1462. The District Court granted his motion to dismiss, holding the statute unconstitutionally overbroad for failing to distinguish between public and nonpublic transportation. Appellee relies on Stanley v. Georgia, 394 U. S. 557.

Held: Congress has the power to prevent obscene material, which is not protected by the First Amendment, from entering the stream of commerce. The zone of privacy that Stanley protected does not extend beyond the home. See United States v. 12 200-ft. Reels of Film, ante p. 413 U. S. 123; Paris Adult Theatre I v. Slaton, ante, p. 413 U. S. 49. This case is remanded to the District Court for reconsideration of the sufficiency of the indictment in light of Miller v. California, ante, p. 413 U. S. 15; United States v. 12 200-ft. Reels of Film, supra, and this opinion. Pp. 413 U. S. 141-145.

338 F.Supp. 308, 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. 145. BRENNAN, J., filed a dissenting opinion, in which STEWART and MARSHALL, JJ., joined, post, p. 413 U. S. 147.

Page 413 U. S. 140