United States v. Orito, 413 U.S. 139 (1973)

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Author: U.S. Supreme Court

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United States v. Orito, 413 U.S. 139 (1973)

United States v. Orito


No. 70-69


Argued January 19, 1972
Reargued November 7, 1972
Decided June 21, 1973
413 U.S. 139

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN

Syllabus

Appellee was charged with knowingly transporting obscene material by common carrier in interstate commerce, in violation of 18 U.S.C. § 1462. The District Court granted his motion to dismiss, holding the statute unconstitutionally overbroad for failing to distinguish between public and nonpublic transportation. Appellee relies on Stanley v. Georgia, 394 U.S. 557.

Held: Congress has the power to prevent obscene material, which is not protected by the First Amendment, from entering the stream of commerce. The zone of privacy that Stanley protected does not extend beyond the home. See United States v. 12 200-ft. Reels of Film, ante p. 123; Paris Adult Theatre I v. Slaton, ante, p. 49. This case is remanded to the District Court for reconsideration of the sufficiency of the indictment in light of Miller v. California, ante, p. 15; United States v. 12 200-ft. Reels of Film, supra, and this opinion. Pp. 141-145.

338 F.Supp. 308, vacated and remanded.

BURGER, C.J., delivered the opinion of the Court, in which WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 145. BRENNAN, J., filed a dissenting opinion, in which STEWART and MARSHALL, JJ., joined, post, p. 147.

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Chicago: U.S. Supreme Court, "Syllabus," United States v. Orito, 413 U.S. 139 (1973) in 413 U.S. 139 413 U.S. 140. Original Sources, accessed September 15, 2019, http://www.originalsources.com/Document.aspx?DocID=QBPD4TEJNUTU4YT.

MLA: U.S. Supreme Court. "Syllabus." United States v. Orito, 413 U.S. 139 (1973), in 413 U.S. 139, page 413 U.S. 140. Original Sources. 15 Sep. 2019. www.originalsources.com/Document.aspx?DocID=QBPD4TEJNUTU4YT.

Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Orito, 413 U.S. 139 (1973). cited in 1973, 413 U.S. 139, pp.413 U.S. 140. Original Sources, retrieved 15 September 2019, from http://www.originalsources.com/Document.aspx?DocID=QBPD4TEJNUTU4YT.