CANGIANO v. U.S., 418 U.S. 934 (1974)
U.S. Supreme Court
CANGIANO v. U.S. , 418 U.S. 934 (1974)418 U.S. 934
Frank CANGIANO and Cosmo
Cangiano
v.
UNITED STATES.
No. 73-1076.
Supreme Court of the United States
July 25, 1974
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 DOUGLAS, being of the view that any federal ban on obscenity is prohibited by the First Amendment (see United States v. 12 200-ft. Reels of Film, 413 U.S. 123, 130-138 (1973)
(Douglas, J., dissenting)), would grant certiorari and reverse the judgment of conviction.
Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.
Petitioners were convicted in the United States District Court for the Eastern District of New York of transporting allegedly obscene materials in interstate commerce for the purpose of sale in violation of 18 U.S.C. 1465, which provides in pertinent part as follows:
The Court of Appeals for the Second Circuit affirmed the convictions, 464 F.2d 320 (1973). This Court vacated the judgments and remanded the case to the Court of Appeals for further consideration in light of Miller v. California, 413 U.S. 15 (1973), and companion cases. The Court of Appeals again affirmed the convictions.
I adhere to my dissent in United States v. Orito, 413 U.S.
139, 147, in which, speaking of 18 U.S.C. 1462, which is
similar in scope to 1465, I expressed the view that '[w]hatever 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 on its face.' Id.,
[418 U.S. 934 ,
936]
U.S. Supreme Court
CANGIANO v. U.S. , 418 U.S. 934 (1974) 418 U.S. 934 Frank CANGIANO and Cosmo Cangianov.
UNITED STATES.
No. 73-1076. Supreme Court of the United States July 25, 1974 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 DOUGLAS, being of the view that any federal ban on obscenity is prohibited by the First Amendment (see United States v. 12 200-ft. Reels of Film, 413 U.S. 123, 130-138 (1973) Page 418 U.S. 934 , 935 (Douglas, J., dissenting)), would grant certiorari and reverse the judgment of conviction. Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting. Petitioners were convicted in the United States District Court for the Eastern District of New York of transporting allegedly obscene materials in interstate commerce for the purpose of sale in violation of 18 U.S.C. 1465, which provides in pertinent part as follows: