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Cain v. Kentucky

CAIN Et Al. v. KENTUCKY

Cain v. Kentucky, 397 U.S. 319 (1970)
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Court
Supreme Court of the United States
Decided
March 30, 1970
Docket
No. 347
Judges
Burger, Harlan
Citations
397 U.S. 31990 S. Ct. 111025 L. Ed. 2d 3341970 U.S. LEXIS 2453

Opinion of the Court — Per Curiam

Per Curiam.

The judgment is reversed. Redrup v. New York, 386 U. S. 767 .

Dissent — Burger

Mr. Chief Justice Burger,

dissenting.

In my view we should not inflexibly deny to each of the States the power to adopt and enforce its own standards as to obscenity and pornographic materials; States ought to be free to deal with varying conditions and problems in this area. I am unwilling to say that Kentucky is without power to bar public showing of this film; therefore, I would affirm the judgment from which the appeal is taken.

Dissent — Harlan

Mr. Justice Harlan,

dissenting.

If this case involved obscenity regulation by the Federal Government, I would unhesitatingly reverse the conviction, for the reasons stated in my separate opinion in Roth v. United States, 354 U. S. 476, 496 (1957). Even in light of the much greater flexibility that I have always thought should be accorded to the States in this field, see, e. g., my dissenting opinion in Jacobellis v. Ohio, 378 U. S. 184, 203 (1964), suppression of this *320 particular film presents a borderline question. However, laying aside my own personal estimate of the film, I cannot say that Kentucky has exceeded the constitutional speed limit in banning public showing of the film within its borders, and accordingly I vote to affirm the judgment below.

Combined text as published — syllabus, headnotes and all opinions in one document

397 U.S. 319 (1970)

CAIN ET AL.

v.

KENTUCKY.

No. 347.

Supreme Court of United States.

Decided March 23, 1970 APPEAL FROM THE COURT OF APPEALS OF KENTUCKY.

Edmund C. Grainger, Jr., and James E. Thornberry for appellants.

John B. Breckinridge, Attorney General of Kentucky, and John B. Browning, Assistant Attorney General, for appellee.

PER CURIAM.

The judgment is reversed. Redrup v. New York, 386 U. S. 767 .

MR. CHIEF JUSTICE BURGER, dissenting.

In my view we should not inflexibly deny to each of the States the power to adopt and enforce its own standards as to obscenity and pornographic materials; States ought to be free to deal with varying conditions and problems in this area. I am unwilling to say that Kentucky is without power to bar public showing of this film; therefore, I would affirm the judgment from which the appeal is taken.

MR. JUSTICE HARLAN, dissenting.

If this case involved obscenity regulation by the Federal Government, I would unhesitatingly reverse the conviction, for the reasons stated in my separate opinion in Roth v. United States, 354 U. S. 476, 496 (1957). Even in light of the much greater flexibility that I have always thought should be accorded to the States in this field, see, e. g., my dissenting opinion in Jacobellis v. Ohio, 378 U. S. 184, 203 (1964), suppression of this *320 particular film presents a borderline question. However, laying aside my own personal estimate of the film, I cannot say that Kentucky has exceeded the constitutional speed limit in banning public showing of the film within its borders, and accordingly I vote to affirm the judgment below.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 32 cases

View all citing references →
1970: 91971: 111972: 91973: 319702026peak 1971 · 11

Relies on it most ⓘ

  1. Hearn v. Short327 F. Supp. 33 (S.D. Tex. 1971) · Concurrence
  2. Vernon Walker Huffman v. United States, Dennis Eugene Pryba v. United States470 F.2d 386 (D.C. Cir. 1972)
  3. Dillingham v. State267 A.2d 777 (Md. Ct. Spec. App. 1970) · Concurrence
  4. State v. Cox477 P.2d 198 (Wash. Ct. App. 1970)
  5. State v. Lebewitz202 N.W.2d 648 (Minn. 1972)
  6. State v. Grauf501 P.2d 345 (Or. Ct. App. 1972) · Dissent

Most recent

  1. Miller v. California413 U.S. 15 (1973)
  2. Paris Adult Theatre I v. Slaton413 U.S. 49 (1973)
  3. People v. Mature Enterprises, Inc.73 Misc. 2d 749 (N.Y. City Crim. Ct. 1973)
  4. Oliver v. State289 N.E.2d 545 (Ind. Ct. App. 1972)
  5. State v. Lebewitz202 N.W.2d 648 (Minn. 1972)
  6. State v. Carlson202 N.W.2d 640 (Minn. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Roth v. United States, 354 U.S. 476 (1957) 2,473
Jacobellis v. Ohio, 378 U.S. 184 (1964) 1,009
Redrup v. New York, 386 U.S. 767 (1967) 334

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