Gay Times, Inc v. Louisiana

Citation94 S.Ct. 346,38 L.Ed.2d 232,414 U.S. 994
Decision Date05 November 1973
Docket NumberNo. 73-4,73-4
PartiesGAY TIMES, INC. v. State of LOUISIANA
CourtUnited 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).

Opinion on remand, 294 So.2d 496.

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

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...

To continue reading

Request your trial
2 cases
  • State v. Shreveport News Agency, Inc.
    • United States
    • Louisiana Supreme Court
    • December 3, 1973
    ...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......
  • State v. Gay Times, Inc.
    • United States
    • Louisiana Supreme Court
    • April 29, 1974
    ...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......

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