423 U.S. 900 (1975)

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U.S. Supreme Court

SANDQUIST v. CALIFORNIA , 423 U.S. 900 (1975)

423 U.S. 900

Gloria Belia SANDQUIST
No. 74-1430.

Supreme Court of the United States

October 14, 1975

On petition for writ of certiorari to the Appellate Department of the Superior Court of California for the County of Los Angeles.

The petition for a writ of certiorari is denied.

Mr. Justice DOUGLAS, being of the view, stated in his previous opinions2 and those of Mr. Justice Black,3

Page 423 U.S. 900 , 901

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 Municipal Court of Los Angeles of exhibiting allegedly obscene motion pictures in violation of California Penal Code 311.2, which provides in pertinent part as follows:

    'Every person who knowingly . . . exhibits to others, any obscene matter is guilty of a misdemeanor.'

As used in 311.2,

    "Obscene matter' means matter, taken as a whole, the predominant appeal of which to the average person, applying contemporary community standards, is to prurient interest, i.e., shameful or morbid interest in nudity, sex or excretion; and is matter which taken as a whole goes substantially beyond customary limits of candor in description or representation of such matters; and is matter which taken as a whole is utterly without redeeming social importance.' Id., at 311(a).

On appeal, the Appellate Department of the Superior Court of California for the County of Los Angeles affirmed the conviction. Certification to the Court of Appeal was sought and denied.

It is my view that 'at least in the absence of distribution to juveniles or obtrusive exposure to unconsenting adults, the First and Fourteenth Amendments prohibit the State and Federal Governments from attempting wholly to suppress sexually oriented materials on the basis of their allegedly 'obscene' contents.' Paris Adult [423 U.S. 900 , 902]

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