Gay Times, Inc v. Louisiana
Citation | 94 S.Ct. 346,38 L.Ed.2d 232,414 U.S. 994 |
Decision Date | 05 November 1973 |
Docket Number | No. 73-4,73-4 |
Parties | GAY TIMES, INC. v. State of LOUISIANA |
Court | United States Supreme Court |
On petition for writ of certiorari to the Supreme Court of Louisiana.
Petition for writ of certiorari granted, judgment vacated, and case remanded to the Supreme Court of Louisiana for further consideration in light of Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49, 93 S.Ct. 2628, 37 L.Ed.2d 446 (1973); Kaplan v. California, 413 U.S. 115, 93 S.Ct. 2680, 37 L.Ed.2d 492 (1973); United States v. 12 200-ft. Reels of Super 8 mm. Film, 413 U.S. 123, 93 S.Ct. 2665, 37 L.Ed.2d 500 (1973); United States v. Orito, 413 U.S. 139, 93 S.Ct. 2674, 37 L.Ed.2d 513 (1973); Heller v. New York, 413 U.S. 483, 93 S.Ct. 2789, 37 L.Ed.2d 745 (1973); Roaden v. Kentucky, 413 U.S. 496, 93 S.Ct. 2796, 37 L.Ed.2d 757 (1973); and Alexander v. Virginia, 413 U.S. 836, 93 S.Ct. 2803, 37 L.Ed.2d 993 (1973).
Petitioner was convicted on charges of exhibiting allegedly obscene motion pictures in violation of § 14:106(A)(2) of the Louisiana Revised Statutes, which provides as follows:
'Obscenity is the intentional:
* * * * *
'(2) Production, sale, exhibition, gift, or advertisement with the intent to primarily appeal to the prurient interest of the average person, of any lewd, lascivious, filthy or sexually indecent written composition, printed composition, book, magazine, pamphlet, newspaper, story, paper, writing, photograph record, picture, drawing, motion picture film, figure, image, wire or tape recording or any written, printed or recorded matter of sexually indecent character which may or may not require mechanical or other means to be transmitted into auditory, visual or sensory representations of such sexually indecent character.'
It is my view that 'at least in the absence of distribution to juveniles or obtrusive exposure to unconsenting adults, the First and Fourteenth Amendments prohibit the state and federal governments from attempting wholly to suppress sexually oriented materials on the basis of their allegedly 'obscene' contents.' Paris Adult Theatre I v. Slaton, 413 U.S. 49, 73, 93 S.Ct. 2628, 37 L.Ed.2d 446 (1973) (dissenting opinion). It is clear that, tested by that constitutional standard, § 14:106(A)(2) is constitutionally overbroad and therefore invalid on its face. For the reasons stated in my dissent in Miller v. California, 413 U.S. 15, 47, 93 S.Ct. 2628, 37 L.Ed.2d 446 (1973), I would therefore grant...
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State v. Shreveport News Agency, Inc.
...413 U.S. 12, 93 S.Ct. 2665, 37 L.Ed.2d 500 (1973).4 On November 5, 1973, the United States Supreme Court, in Gay Times, Inc. v. Louisiana, --- U.S. ---, 94 S.Ct. 346, 38 L.Ed.2d 232, vacated our judgment in State v. Gay Times, Inc., 274 So.2d 162 (La.1973), and remanded the case for reconsi......
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State v. Gay Times, Inc.
...light of Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), and related decisions. Gay Times, Inc. v. Louisiana, 414 U.S. 994, 94 S.Ct. 346, 38 L.Ed.2d 232 (1973). This was identical to the earlier action of the United States Supreme Court in reversing this court's ear......