NISSINOFF v. CALIFORNIA, 414 U.S. 1122 (1974)
U.S. Supreme Court
NISSINOFF v. CALIFORNIA , 414 U.S. 1122 (1974)414 U.S. 1122
Lawrence NISSINOFF et al.
v.
State of CALIFORNIA.
No. 73-318.
Supreme Court of the United States
January 7, 1974
On petition for writ of certiorari to the Appellate Department of the Superior Court of California, County of Alameda.
Petition for writ of certiorari granted, judgment vacated and case remanded to the Appellate Department of the Superior Court of California, County of Alameda, for further consideration in light of Miller v. California, 413 U.S. 15 (1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973); Kaplan v. California, 413 U.S. 115 (1973); United States v. 12 200-ft. Reels of Film, 413 U.S. 123 (1973); United States v. Orito, 413 U.S. 139 (1973); Heller v. New York, 413 U.S. 483, S.Ct. 2789, 37 L. Ed. 2d 745 (1973); Roaden v. Kentucky, 413 U.S. 496d 757 (1973); and Alexander v. Virginia, 413 U.S. 836 (1973).
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.
Petitioners were convicted on charges of exhibiting allegedly obscene motion pictures in violation of the California Penal Code 311.2(a), which provides as follows:
distribute, distributes, or exhibits to others, any obscene matter is guilty of a misdemeanor.'
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, 113 (1973) (dissenting opinion of Brennan, J.). It is clear
that, tested by that constitutional standard, 311.2(a) is
unconstitutionally overbroad and therefore invalid on its face. For
the reasons stated in my dissent in Miller v. California, 413 U.S.
15, 47 (1973), I would therefore grant certiorari, vacate the
judgment of the Appellate Department of the Superior Court of the
State of California, in and for the County of Alameda, and remand
for further proceedings not inconsistent with my Paris Adult
dissent.
U.S. Supreme Court
NISSINOFF v. CALIFORNIA , 414 U.S. 1122 (1974) 414 U.S. 1122 Lawrence NISSINOFF et al.v.
State of CALIFORNIA.
No. 73-318. Supreme Court of the United States January 7, 1974 On petition for writ of certiorari to the Appellate Department of the Superior Court of California, County of Alameda. Petition for writ of certiorari granted, judgment vacated and case remanded to the Appellate Department of the Superior Court of California, County of Alameda, for further consideration in light of Miller v. California, 413 U.S. 15 (1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973); Kaplan v. California, 413 U.S. 115 (1973); United States v. 12 200-ft. Reels of Film, 413 U.S. 123 (1973); United States v. Orito, 413 U.S. 139 (1973); Heller v. New York, 413 U.S. 483, S.Ct. 2789, 37 L. Ed. 2d 745 (1973); Roaden v. Kentucky, 413 U.S. 496d 757 (1973); and Alexander v. Virginia, 413 U.S. 836 (1973). Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting. Petitioners were convicted on charges of exhibiting allegedly obscene motion pictures in violation of the California Penal Code 311.2(a), which provides as follows:
