Long v. United States, 77-1226

Citation98 S.Ct. 2831,436 U.S. 931,56 L.Ed.2d 776
Decision Date30 May 1978
Docket NumberNo. 77-1226,77-1226
PartiesBruce LONG v. UNITED STATES
CourtUnited States Supreme Court

On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.

In A customs officer, assigned to the Post Office opened the envelope containing the magazine and forwarded it to customs officials who determined that the magazine was obscene, seized it, and began forfeiture proceedings against it under 19 U.S.C. § 1305 1 in the District Court for the Southern District of New York. Petitioner a peared in response to a notice of the impending forfeiture, see 19 CFR § 12.40 (1977), and argued that the magazine was not obscene under standards prevailing in Lancaster, Pa., petitioner's home and the address to which the magazine was sent. The trial judge agreed with petitioner that the relevant inquiry related to community standards in Lancaster and dismissed the complaint since the United States had failed to produce evidence of the relevant community standard.2 The Court of Appeals for the Second Circuit reversed, holding that the relevant community standards were those at the port of entry, the Southern District of New York.

I continue to adhere to the view expressed in my dissent in United States v. 12 200-Ft. Reels of Film, 413 U.S. 123, 138, 93 S.Ct. 2665, 37 L.Ed.2d 500 (1973):

"Whatever the extent of the Federal Government's power to bar the distribution of allegedly obscene material to juveniles or the offensive exposure of such material to unconsenting adults, the statute before us is . . . clearly overbroad and unconstitutional in its face."

Accordingly, I would reverse the judgment of the Court of Appeals.

1 "All persons are prohibited from importing into the United States from any foreign country . . . any obscene book [or] pamphlet . . . and all such articles . . . shall be subject to seizure and forfeiture . . . ."

2 In addition, the trial court ruled that the procedures afforded under § 1305 were insufficient to satisfy the First Amendment. Cf. Freedman v. Maryland, 380 U.S. 51, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965). The Court of Appeals disagreed.

To continue reading

Request your trial
71 cases
  • United States v. Gambale, Crim. No. 84-293-K.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • June 12, 1985
    ...___, 105 S.Ct. 1354, 84 L.Ed.2d 377 (1985); United States v. Fury, 554 F.2d 522, 525-26 (2d Cir.1977), cert. denied, 436 U.S. 931, 98 S.Ct. 2831, 56 L.Ed.2d 776 (1978). Therefore, even if the interceptions at Atwells Avenue and Jay's Lounge were determined to be illegal, a question I need n......
  • U.S. v. Ruggiero
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 22, 1991
    ... . Page 1289 . 928 F.2d 1289 . 32 Fed. R. Evid. Serv. 689 . UNITED STATES of America, Appellee, . v. . Angelo RUGGIERO, et al., Defendants, . ... in camera, was based on interlocking, corroborated sources whose long-term reliability was established. See Gaviria, No. 88-1232, slip op. at ......
  • U.S. v. Williams, s. 83-1642
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 12, 1984
    ...447 U.S. 727, 731 (1980), and Title III law, see United States v. Fury, 554 F.2d 522, 525 (2d Cir.1977), cert. denied, 436 U.S. 931, 98 S.Ct. 2831, 56 L.Ed.2d 776 (1978), a defendant may not obtain the exclusion of evidence on the ground that someone else's rights were violated. In other wo......
  • United States v. Shipp, 83 Crim. 0574.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • January 4, 1984
    ...(1982)). 5 18 U.S.C. § 2518(3) (1982). 6 See, e.g., United States v. Fury, 554 F.2d 522, 530 (2d Cir.), cert. denied, 436 U.S. 931, 98 S.Ct. 2831, 56 L.Ed.2d 776 (1978); United States v. Londono, 553 F.2d 805, 810 (2d Cir.1977). 7 United States v. Travisano, 724 F.2d 341 at 345-46 (2d Cir.1......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT