CARTER v. U.S., 422 U.S. 1020 (1975)
U.S. Supreme Court
CARTER v. U.S. , 422 U.S. 1020 (1975)422 U.S. 1020
Carl R. CARTER et al.
v.
UNITED STATES.
No. 74-1063.
Supreme Court of the United States
June 16, 1975
On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit.
The petition for a writ of certiorari is denied.
Mr. Justice BREENAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.
Petitioners were charged in the United States District Court for the Western District of Tennessee with the transportation of obscene movies in interstate commerce by means of a common carrier in violation of 18 U.S.C . 1462, transportation of obscene movies in interstate commerce for the purpose of distribution in violation of 18 U.S.C. 1465, and with conspiracy to violate the aforesaid statutes in violation of 18 U.S.C. 371. 18 U.S.C 1462 provides in pertinent part:
Mr. Justice DOUGLAS, being of the view that any state or federal ban on, or regulation of, obscenity is prohibited by the Constitution. Roth v. United States, 354 U.S. 476, 508-514 (1957); Miller v. California, 413 U.S. 15, 42-47 ( 1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49, 70-73 (1973), would grant certiorari and summarily reverse.
'(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; . . .
* * * * *
18 U.S.C. 1465 provides in pertinent part:
Petitioners moved to dismiss the indictment on two grounds.
First, they argued that the obscenity decisions announced by this
Court in June 1973, including Miller v. California, 413 U.S. 15d 419 (1973),
could not be applied retroactively to conduct which occurred prior
to those decisions. Second, they contended that Miller and its
related decisions rejected application of a national standard to
the question of obscenity and that the statutes under which they
were indicted contain that national standard. The District Court
granted petitioners' motion to dismiss the indictment. The Court of
Appeals for the Sixth Circuit reversed and remanded for a trial on
the merits. 506 F.2d
1251. [422 U.S.
1020 , 1022]
U.S. Supreme Court
CARTER v. U.S. , 422 U.S. 1020 (1975) 422 U.S. 1020 Carl R. CARTER et al.v.
UNITED STATES.
No. 74-1063. Supreme Court of the United States June 16, 1975 On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The petition for a writ of certiorari is denied. Mr. Justice BREENAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting. Petitioners were charged in the United States District Court for the Western District of Tennessee with the transportation of obscene movies in interstate commerce by means of a common carrier in violation of 18 U.S.C . 1462, transportation of obscene movies in interstate commerce for the purpose of distribution in violation of 18 U.S.C. 1465, and with conspiracy to violate the aforesaid statutes in violation of 18 U.S.C. 371. 18 U.S.C 1462 provides in pertinent part: Mr. Justice DOUGLAS, being of the view that any state or federal ban on, or regulation of, obscenity is prohibited by the Constitution. Roth v. United States, 354 U.S. 476, 508-514 (1957); Miller v. California, 413 U.S. 15, 42-47 ( 1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49, 70-73 (1973), would grant certiorari and summarily reverse.