ALEXANDER et al. v. VIRGINIA

ALEXANDER et al. v. VIRGINIA No. 71-1315. Argued October 19, 1972 — Decided June 25, 1973 Stanley M. Dietz argued the cause and filed a brief for petitioners. James E. Kulp, Assistant Attorney General of Virginia, argued the cause for respondent. With him on the brief were Andrew P. Miller, Attorney General, and Robert E. Shepherd, Jr., Assistant Attorney General. Ralph J. Schwarz, Jr., Mel S. Friedman, and Joel Hirschhorn filed a brief for the First Amendment Lawyers’ Association as amicus curiae urging reversal. [MAJORITY — Per Curiam.] Per Curiam. The judgment of the Supreme Court of Virginia is vacated and the case is remanded for further proceedings not inconsistent with Miller v. California, ante, at 23-25, Paris Adult Theatre I v. Slaton, ante, at 58 n. 7, and Heller v. New York, ante, p. 483. See United States v. 12 200-ft. Reels of Film, ante, at 129-130 and n. 7. A trial by jury is not constitutionally required in this state civil proceeding pursuant to § 18.1-236.3 of the Code of Virginia, 1950, as amended. See Melancon v. McKeithen, 345 F. Supp. 1025, 1027, 1035-1045, 1048 (ED La.), aff'd sub nom. Mayes v. Ellis, 409 U. S. 943 (1972), and Hill v. Mc- Keithen, 409 U. S. 943 (1972). Cf. Kingsley Books, Inc. v. Brown, 354 U. S. 436, 443-444 (1957). Vacated and remanded. Mr. Justice Douglas would reverse the judgment of the Supreme Court of Virginia. See Miller v. California, ante, p. 37 (Douglas, J., dissenting). [DISSENT — Mr. Justice Brennan,] Mr. Justice Brennan, with whom Mr. Justice Stewart and Mr. Justice Marshall join, dissenting. I would reverse the judgment of the Supreme Court of Virginia and remand the case for further proceedings not inconsistent with my dissenting opinion in Paris Adult Theatre I v. Slaton, ante, p. 73. See my dissent in Miller v. California, ante, p. 47.