MCKINNEY v. PARSONS, 423 U.S. 960 (1975)
U.S. Supreme Court
MCKINNEY v. PARSONS , 423 U.S. 960 (1975)423 U.S. 960
Chester McKINNEY
v.
James C. PARSONS, Chief of Police.
No. 75-428.
Supreme Court of the United States
November 11, 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 previous opinions by himself2 and by
Mr. Justice BLACK,3 that any state ban on, or regulation of, obscenity abridges freedom of speech and of the press contrary to the First Amendment, would grant certiorari and summarily reverse.
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL concur, dissenting.
Petitioner was convicted in the Circuit Court of Jefferson County, Ala., of violating the obscenity ordinance of the city of Birmingham. Birmingham Ordinance No. 67-2, 3, provides in pertinent part:
As used in Ordinance No. 67-2, 'obscene' meant at the time of the alleged offenses:
On direct appeal, the Alabama Court of Criminal Appeals
dismissed when petitioner's appellate brief was untimely filed.
Petitions for writs of certiorari were filed with the Supreme Court
of Alabama and denied. A petition for a writ of certiorari was
filed with this Court and denied for the reason that the judgment
below rested upon an adequate state ground. [423 U.S. 960 , 962]
U.S. Supreme Court
MCKINNEY v. PARSONS , 423 U.S. 960 (1975) 423 U.S. 960 Chester McKINNEYv.
James C. PARSONS, Chief of Police.
No. 75-428. Supreme Court of the United States November 11, 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 previous opinions by himself2 and by Page 423 U.S. 960 , 961 Mr. Justice BLACK,3 that any state ban on, or regulation of, obscenity abridges freedom of speech and of the press contrary to the First Amendment, would grant certiorari and summarily reverse. Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL concur, dissenting. Petitioner was convicted in the Circuit Court of Jefferson County, Ala., of violating the obscenity ordinance of the city of Birmingham. Birmingham Ordinance No. 67-2, 3, provides in pertinent part: