Alexander v. Virginia

Background

A group of private parties (named Alexander and others) challenged a state civil proceeding brought under § 18.1-236.3 of the Virginia Code. The case reached the United States Supreme Court after the Supreme Court of Virginia issued a judgment. The opinion cites several recent Supreme Court obscenity decisions, including Miller v. California, Paris Adult Theatre I v. Slaton, Heller v. New York, and United States v. 12 200-ft. Reels of Film.

Reasoning

The central question was whether a trial by jury is constitutionally required in this particular Virginia civil proceeding. In a brief per curiam opinion, the Court vacated the Virginia judgment and remanded the case for further proceedings consistent with the cited obscenity decisions. The opinion expressly states that a jury trial is not constitutionally required in this state civil proceeding under § 18.1-236.3, and it directs the lower court to proceed in line with the Court’s recent rulings on obscenity.

Real world impact

Practically, the decision allows Virginia courts to continue civil proceedings under § 18.1-236.3 without giving parties a constitutional right to a jury trial, while requiring lower courts to apply the guidance from the Court’s recent obscenity opinions on remand. Because the case was vacated and remanded rather than finally decided on the merits, the ultimate outcome for the parties remains open until the lower courts complete further proceedings.

Dissents or concurrances

Justice Brennan, joined by Justices Stewart and Marshall, would have reversed and remanded consistent with his dissents in the related obscenity cases; Justice Douglas would also have reversed the Virginia judgment.