Ridens v. Illinois
Frank C. Ridens v. State of Illinois
Opinion of the Court
Sup. Ct. Ill. Certiorari denied. Mr. Justice Douglas, being of the view that any state or federal ban on, or regulation of, obscenity is prohibited by the Constitution, Roth v. United States, 354 U. S. 476, 508-514 (1957) (Douglas, J., dissenting); Miller v. California, 413 U. S. 15, 42-47 (1973) (Douglas, J., dissenting); Paris Adult Theatre I v. Slaton, 413 U. S. 49, 70-73 (1973) (Douglas, J., dissenting), would grant certiorari and summarily reverse the judgment.
Dissent
Mr. Justice Brennan, with whom Mr. Justice Stewart and Mr. Justice Marshall join,
dissenting.
Petitioners were convicted of selling allegedly obscene publications in violation of the Illinois Obscenity Statute, Ill. Rev. Stat., c. 38, § 11-20 (1969), and the obscenity ordinance of the city of Moline, Ill. The Illinois Supreme Court affirmed their convictions. 51 Ill. 2d 410 , 282 N. E. 2d 691 (1972). We granted certiorari and remanded the case for further consideration in light of Miller v. California, 413 U. S. 15 (1973). *994 413 U. S. 912 (1973). On remand, the Illinois Supreme Court again affirmed the convictions.
For the reasons stated in my dissent from the remand of this case, id., at 911, and because the present judgment was rendered after Miller, I would grant certiorari and reverse. * Although four of us would grant certiorari and reverse the judgment, the Justices who join this opinion do not insist that the case be decided on the merits.
Combined text as published — syllabus, headnotes and all opinions in one document
421 U.S. 993 95 S.Ct. 2000 44 L.Ed.2d 483
Frank C. RIDENS et al. v. State of ILLINOIS et al.
No. 74-1003.
Supreme Court of the United States
May 27, 1975
On petition for writ of certiorari to the Supreme Court of Illinois.
The petition for a writ of certiorari is denied.
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.
1
Petitioners were convicted of selling allegedly obscene publications in violation of the Illinois Obscenity Statute, Ill.Rev.Stat.1969, c. 38, ¶11-20, and the obscenity ordinance of the city of Moline, Illinois. The Illinois Supreme Court affirmed their convictions. 51 Ill.2d 410 , 282 N.E.2d 691 (1972). We granted the petition for certiorari and remanded the case for further consideration in light of Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973). 413 U.S. 912 , 93 S.Ct. 3046 , 37 L.Ed.2d 1030 (1973). On remand, the Illinois Supreme Court again affirmed the convictions.
2
For the reasons stated in my dissent from the remand of this case, 413 U.S. 912 , 93 S.Ct. 3046 , 37 L.Ed.2d 1030 , and because the present judgment was rendered after Miller , I would grant the petition and reverse. * 3
Mr. Justice DOUGLAS, being of the view that any state or federal ban on, or regulation of, obscenity is prohibited by the Constitution, Roth v. United States, 354 U.S. 476, 508-514 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957); 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), would grant certiorari and summarily reverse.
* Although four of us would grant and reverse, the Justices who join this opinion do not insist that the case be decided on the merits.
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