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Walker v. Ohio

Walker v. Ohio, 398 U.S. 434 (1970)
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Court
Supreme Court of the United States
Decided
June 15, 1970
Docket
No. 1470
Judges
Burger, Harlan, Marshall, Blackmun
Citations
398 U.S. 43490 S. Ct. 188426 L. Ed. 2d 3851970 U.S. LEXIS 27
Cited by 23 6 descriptions by later courts

Opinion of the Court — Per Curiam

Per Curiam.

The judgment of the Supreme Court of Ohio is reversed. Redrup v. New York, 386 U. S. 767 (1967).

Dissent — Burger

Mr. Chief Justice Burger,

dissenting.

The trial court, endeavoring to apply the standards articulated by this Court, held that the materials in question are obscene within the meaning of the relevant Ohio statute. This conclusion rested on findings that the materials are patently offensive to contemporary community standards relating to the description or representation of sexual matters; that, when taken as a whole, their dominant theme appeals to the prurient interest of the reader; and that they are utterly without redeeming social value. The Ohio appellate courts declined to disturb that judgment. Yet today the Court reverses, citing only Redrup.

I dissent from such a summary disposition, not only for the reasons expressed in my dissenting opinion in Cain v. Kentucky, 397 U. S. 319 (1970), but also because I find no justification, constitutional or otherwise, for this Court’s assuming the role of a supreme and unreviewable board of censorship for the 60 States, subjectively judging each piece of material brought before it without regard to the findings or conclusions of other courts, state or federal. That is not one of the purposes for which this Court was established.

Mr. Justice Harlan,

for reasons expressed in his *435 opinions in Roth v. United States, 354 U. S. 476, 496 (1957); Jacobellis v. Ohio, 378 U. S. 184, 203 (1964); and Memoirs v. Massachusetts, 383 U. S. 413, 455 (1966), would leave the judgment of the state court undisturbed.

Mb. Justice Marshall and Mr. Justice Blackmun took no part in the consideration or decision of this case.

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

398 U.S. 434 (1970)

WALKER

v.

OHIO.

No. 1470.

Supreme Court of United States.

Decided June 15, 1970 APPEAL FROM THE SUPREME COURT OF OHIO.

PER CURIAM.

The judgment of the Supreme Court of Ohio is reversed. Redrup v. New York, 386 U. S. 767 (1967).

MR. CHIEF JUSTICE BURGER, dissenting.

The trial court, endeavoring to apply the standards articulated by this Court, held that the materials in question are obscene within the meaning of the relevant Ohio statute. This conclusion rested on findings that the materials are patently offensive to contemporary community standards relating to the description or representation of sexual matters; that, when taken as a whole, their dominant theme appeals to the prurient interest of the reader; and that they are utterly without redeeming social value. The Ohio appellate courts declined to disturb that judgment. Yet today the Court reverses, citing only Redrup .

I dissent from such a summary disposition, not only for the reasons expressed in my dissenting opinion in Cain v. Kentucky, 397 U. S. 319 (1970), but also because I find no justification, constitutional or otherwise, for this Court's assuming the role of a supreme and unreviewable board of censorship for the 50 States, subjectively judging each piece of material brought before it without regard to the findings or conclusions of other courts, state or federal. That is not one of the purposes for which this Court was established.

MR. JUSTICE HARLAN, for reasons expressed in his *435 opinions in Roth v. United States, 354 U. S. 476, 496 (1957); Jacobellis v. Ohio, 378 U. S. 184, 203 (1964); and Memoirs v. Massachusetts, 383 U. S. 413, 455 (1966), would leave the judgment of the state court undisturbed.

MR. JUSTICE MARSHALL and MR. JUSTICE BLACKMUN took no part in the consideration or decision of this case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 6 in all; the most informative distinct ones are shown.

Cited by 23 cases

View all citing references →
1970: 71971: 71972: 61973: 319702026peak 1970 · 7

Relies on it most ⓘ

  1. Hearn v. Short327 F. Supp. 33 (S.D. Tex. 1971)
  2. United States v. William Groner, D/B/A Lucky Distributors475 F.2d 550 (5th Cir. 1972)
  3. Miller v. California413 U.S. 15 (1973)
  4. Vernon Walker Huffman v. United States, Dennis Eugene Pryba v. United States470 F.2d 386 (D.C. Cir. 1972)
  5. State v. Carlson192 N.W.2d 421 (Minn. 1971)
  6. Hunt v. Keriakos428 F.2d 606 (1st Cir. 1970)

Most recent

  1. Miller v. California413 U.S. 15 (1973)
  2. Paris Adult Theatre I v. Slaton413 U.S. 49 (1973)
  3. Kaplan v. California413 U.S. 115 (1973)
  4. State v. Carlson202 N.W.2d 640 (Minn. 1972)
  5. State v. Hoelscher202 N.W.2d 640 (Minn. 1972)
  6. People v. Bloss201 N.W.2d 806 (Mich. 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 5

DepthCaseCited by
Redrup v. New York, 386 U.S. 767 (1967) 334
Roth v. United States, 354 U.S. 476 (1957) 2,473
Jacobellis v. Ohio, 378 U.S. 184 (1964) 1,009
A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney Gen. of Mass., 383 U.S. 413 (1966) 656
Cain v. Kentucky, 397 U.S. 319 (1970) 32

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