Study aid, not legal advice. caselaw is not a law firm and does not provide legal advice or engage in the unauthorized practice of law (UPL). All briefs, outlines, and citation tools on these pages are educational summaries for law students; they are not a substitute for advice from a licensed attorney admitted in your jurisdiction. Bar-admission rules vary by state. For court filings or client matters, verify every authority against the official reporter and your court's local rules. Use of caselaw does not create an attorney-client relationship.
Spivak v. Shriver et al.; Art Theater Guild, Inc., dba Studio Art Theater, et al. v. Tennessee ex rel. Rhodes; Motion Picture Film Entitled "Vixen," et al. v. Ohio ex rel. Keating; Watkins v. South Carolina; Star, dba Gayety Books, Inc., et al. v. Preller et al.; Blair v. Ohio, 1973 — 413 U.S. 904 · caselaw · US
Contracts · MBE-tested
Spivak v. Shriver et al.; Art Theater Guild, Inc., dba Studio Art Theater, et al. v. Tennessee ex rel. Rhodes; Motion Picture Film Entitled "Vixen," et al. v. Ohio ex rel. Keating; Watkins v. South Carolina; Star, dba Gayety Books, Inc., et al. v. Preller et al.; Blair v. Ohio
413 U.S. 904·Supreme Court of the United States·1973
Mr. Justice Douglas would reverse the judgments. See Miller v. California, ante, p. 37. Mr. Justice Brennan, joined by Mr. Justice Stewart and Mr. Justice Marshall, would vacate the judgments and remand cases for further proceedings not inconsistent with his dissent in Paris Adult Theatre I v. Slaton, ante, p. 73. See Miller v. California, ante, p. 47.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
No. 70-25.
No. 71-515.
Spivak v. Shriver et al. Art Theater Guild, Inc., dba Studio Art Theater, et al. v. Tennessee ex rel. Rhodes. Motion Picture Film Entitled “Vixen,” et al. v. Ohio ex rel. Keating. Watkins v. South Carolina. Star, dba Gayety Books, Inc., et al. v. Preller et al. Blair v. Ohio.
[MAJORITY]
Appeal from D. C. M. D. Tenn. Reported below: 315 F. Supp. 695;
No: 71-599.
No. 72-683.
No. 72-815.
No. 72-1256.
Appeal from Sup. Ct. Tenn. Reported below: 225 Tenn. 399, 469 S. W. 2d 669;
Appeal from Sup. Ct. Ohio. Reported below: 27 Ohio St. 2d 278, 272 N. E. 2d 137;
Appeal from Sup. Ct. S. C. Reported below: 259 S. C. 185, 191 S. E. 2d 135;
Appeal from D. C. Md. Reported below: 352 F. Supp. 530; and
Appeal from Sup. Ct. Ohio. Reported below: 32 Ohio St. 2d 237, 291 N. E. 2d 451. Motion of appellants to strike appellee's supplemental brief in No. 71-599 denied. Judgments vacated and cases remanded for further consideration in light of Miller v. California, ante, p. 15; Paris Adult Theatre I v. Slaton, ante, p. 49; Kaplan v. California, ante, p. 115; United States v. 12 200-ft. Reels Film, ante, p. 123; United States v. Orito, ante, p. 139; Heller v. New York, ante, p. 483; Roaden v. Kentucky, ante, p. 496; and Alexander v. Virginia, ante, p. 836.
Mr. Justice Douglas would reverse the judgments. See Miller v. California, ante, p. 37. Mr. Justice Brennan, joined by Mr. Justice Stewart and Mr. Justice Marshall, would vacate the judgments and remand cases for further proceedings not inconsistent with his dissent in Paris Adult Theatre I v. Slaton, ante, p. 73. See Miller v. California, ante, p. 47.