United States v. 12 200-Ft. Reels of Super 8MM. Film

Background

A man named Paladini tried to bring movie films, color slides, photographs, and other printed material into the United States from Mexico. Customs officers at Los Angeles seized the items as obscene and started a forfeiture action under the federal import statute, 19 U.S.C. § 1305(a). The District Court dismissed the Government’s complaint, and the narrow question here was whether the Government may forbid importation of obscene material that an importer says is for private, personal use only.

Reasoning

The Court emphasized Congress’s broad power to regulate foreign commerce and noted that obscene material is not protected by the First Amendment. It held that the home privacy right recognized in Stanley v. Georgia does not include a right to import obscene material from abroad. The Court refused to extend Stanley, explained practical problems of controlling distribution once material enters the country, and said federal courts should apply the obscenity standards set out in Miller to federal import laws.

Real world impact

The Court vacated the dismissal and sent the case back so a lower court can decide whether the seized items are obscene under the Miller standards. That means customs may continue to seize and push forfeiture of items judged obscene, and ordinary travelers seeking to bring allegedly obscene books or films from abroad will be affected. Congress could create exceptions but has not done so.

Dissents or concurrances

Justice Douglas argued federal prohibition of books and films is incompatible with the First Amendment; Justice Brennan (joined by Stewart and Marshall) said the statute is overbroad and would have upheld the dismissal.