RATNER v. U.S., 423 U.S. 898 (1975)
U.S. Supreme Court
RATNER v. U.S. , 423 U.S. 898 (1975)423 U.S. 898
Samuel RATNER
v.
UNITED STATES.
No. 74-1282.
Supreme Court of the United States
October 14, 1975
On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
The petition for a writ of certiorari is denied.
Mr. Justice DOUGLAS, being of the view, stated in his previous opinions1 and those
of Mr. Justice Black,3 that any state or federal ban on, or regulation of, obscenity abridges freedom of speech and of the press contrary to the First and Fourteenth Amendments, would grant certiorari and summarily reverse.
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.
Petitioner was convicted in the United States District Court for the Northern District of Texas of mailing obscene magazines and films, and mailing advertisements describing how to obtain such magazines and films, in violation of 18 U.S.C. 1461, which provides in pertinent part:
* * * * *
The Court of Appeals for the Fifth Circuit affirmed, 502 F.2d 1300.
I adhere to my dissent in United States v. Orito, 413 U.S.
139, 147 (1973), in which, speaking of 18 U.S.C. 1462, which is
similar in scope to 1461, 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.' [423 U.S. 898
, 900]
U.S. Supreme Court
RATNER v. U.S. , 423 U.S. 898 (1975) 423 U.S. 898 Samuel RATNERv.
UNITED STATES.
No. 74-1282. Supreme Court of the United States October 14, 1975 On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for a writ of certiorari is denied. Mr. Justice DOUGLAS, being of the view, stated in his previous opinions1 and those Page 423 U.S. 898 , 899 of Mr. Justice Black,3 that any state or federal ban on, or regulation of, obscenity abridges freedom of speech and of the press contrary to the First and Fourteenth Amendments, would grant certiorari and summarily reverse. Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting. Petitioner was convicted in the United States District Court for the Northern District of Texas of mailing obscene magazines and films, and mailing advertisements describing how to obtain such magazines and films, in violation of 18 U.S.C. 1461, which provides in pertinent part: