DANLEY v. U.S., 424 U.S. 929 (1976)
U.S. Supreme Court
DANLEY v. U.S. , 424 U.S. 929 (1976)424 U.S. 929
Shirley Anne DANLEY et al.
v.
UNITED STATES.
No. 75-566.
Supreme Court of the United States
February 23, 1976
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The petition for a writ of certiorari is denied.
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.
Petitioners were convicted in the United States District Court for the District of Oregon of use of the mails to ship obscene materials in violation of 18 U.S.C. 1461, of interstate transportation of obscene materials in violation of 18 U.S.C. 1462, and of interstate transportation of obscene materials for purposes of distribution and sale in violation of 18 U.S.C. 1465. The Court of Appeals for the Ninth Circuit affirmed. 523 F.2d 369.
Title 18 U.S.C. 1461 provides in pertinent part:
Title 18 U.S.C. 1462 provides in pertinent part:
mon carrier, for carriage in interstate or foreign commerce--
* * * * *
Title 18 U.S.C. 1465 provides in pertinent part:
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, 1465, 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.' Id., at 147-148, 93 S. Ct. 2674. For the reasons stated in
my dissent in Miller v. California, 413 U.S.
15, 47 (1973), I would therefore grant certiorari, and,
[424 U.S. 929 ,
931]
U.S. Supreme Court
DANLEY v. U.S. , 424 U.S. 929 (1976) 424 U.S. 929 Shirley Anne DANLEY et al.v.
UNITED STATES.
No. 75-566. Supreme Court of the United States February 23, 1976 On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The petition for a writ of certiorari is denied. Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting. Petitioners were convicted in the United States District Court for the District of Oregon of use of the mails to ship obscene materials in violation of 18 U.S.C. 1461, of interstate transportation of obscene materials in violation of 18 U.S.C. 1462, and of interstate transportation of obscene materials for purposes of distribution and sale in violation of 18 U.S.C. 1465. The Court of Appeals for the Ninth Circuit affirmed. 523 F.2d 369. Title 18 U.S.C. 1461 provides in pertinent part: