FILM FOLLIES, INC. v. HAAS, 426 U.S. 913 (1976)
U.S. Supreme Court
FILM FOLLIES, INC. v. HAAS , 426 U.S. 913 (1976)426 U.S. 913
FILM FOLLIES, INC.
v.
Harl HAAS, etc., et al.
No. 75-1119.
Supreme Court of the United States
June 7, 1976
The appeal is dismissed for want of a substantial federal question.
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL concur, dissenting.
Appellant brought this suit in the Circuit Court for Multnomah County, Ore., seeking a declaration that Oregon Laws 1973, c. 699, 4, and Ore. Rev.Stat. 167.060(10) violate the First and Fifth Amendments as applied to the States through the Fourteenth Amendment, and asking that enforcement of those statutes be enjoined. The Circuit Court dismissed appellant's complaint, and the Court of Appeals for the State of Oregon affirmed. Or.App., 539 P.2d 669 (1975). The Supreme Court of Oregon denied review.
Oregon Laws 1973, c. 699, 4, provides in pertinent part:
obscene material if he knowingly makes, exhibits, sells, delivers or provides, or offers or agrees to make, exhibit, sell, deliver or provide, or has in his possession with intent to exhibit, sell, deliver or provide any obscene writing, picture, motion picture, films, slides, drawings or other visual reproduction.
Section 167.060(10) provides:
It is my view that 'at least in the absence of distribution to
juveniles or obtrusive exposure of unconsenting adults, the First
and Fourteenth Amendments prohibit the State and Federal
Governments from attempting wholly to supporess sexually oriented
materials on the basis of their allegedly 'obscene' contents.'
Paris Adult Theatre I v. Slaton, 413 U.S.
49, 113 (1973) (Brennan, J., dissenting). It is clear that,
tested by that constitutional standard, Oregon Laws 1973, c. 699,
4, as it incorporates the definition of sexual conduct in
Ore.Rev.Stat. 167.060(10), is constitutionally overbroad
[426 U.S. 913 ,
915]
U.S. Supreme Court
FILM FOLLIES, INC. v. HAAS , 426 U.S. 913 (1976) 426 U.S. 913 FILM FOLLIES, INC.v.
Harl HAAS, etc., et al.
No. 75-1119. Supreme Court of the United States June 7, 1976 The appeal is dismissed for want of a substantial federal question. Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL concur, dissenting. Appellant brought this suit in the Circuit Court for Multnomah County, Ore., seeking a declaration that Oregon Laws 1973, c. 699, 4, and Ore. Rev.Stat. 167.060(10) violate the First and Fifth Amendments as applied to the States through the Fourteenth Amendment, and asking that enforcement of those statutes be enjoined. The Circuit Court dismissed appellant's complaint, and the Court of Appeals for the State of Oregon affirmed. Or.App., 539 P.2d 669 (1975). The Supreme Court of Oregon denied review. Oregon Laws 1973, c. 699, 4, provides in pertinent part: