Professional Documents
Culture Documents
960
96 S.Ct. 376
46 L.Ed.2d 289
Chester McKINNEY
v.
James C. PARSONS, Chief of Police.
No. 75-428.
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.
'It shall be unlawful for any person to knowingly . . . exhibit, distribute or have
in his possession with intent to distribute, exhibit, sell or offer for sale . . . any
obscene matter.'
As used in Ordinance No. 67-2, 'obscene' meant at the time of the alleged
offenses:
Miller v. California, 413 U.S. 15, 42-47, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973);
Paris Adult Theatre I v. Slaton, 413 U.S. 49, 70-73, 93 S.Ct. 2628, 37 L.Ed.2d
446 (1973); Memoirs v. Massachusetts, 383 U.S. 413, 426-433, 86 S.Ct. 975,
16 L.Ed.2d 1 (1966).
Mishkin v. New York, 383 U.S. 502, 515-518, 86 S.Ct. 958, 16 L.Ed.2d 56
(1966).
Although four of us would grant and reverse, the Justices who join this opinion