West v. Texas

Background

Alton A. West was convicted in Texas for exhibiting allegedly obscene material under Texas Penal Code Art. 527, § 3. The conviction came from the Texas Court of Criminal Appeals and prompted West to seek review by the Supreme Court. The dispute centers on whether the state law and this conviction remain valid after a string of recent Supreme Court obscenity decisions.

Reasoning

The central question the Court faced was whether West’s conviction should stand in light of new Supreme Court rulings about obscenity. The Court granted review, vacated the Texas judgment, and sent the case back to the Texas Court of Criminal Appeals for reconsideration specifically in light of recent decisions such as Miller v. California and Paris Adult Theatre I v. Slaton. The order does not resolve guilt or the statute’s validity finally; it directs the state court to reexamine the case under the new guidance announced in those higher-court opinions.

Real world impact

People prosecuted for exhibiting allegedly obscene material under this Texas statute may see their cases reexamined. State courts must apply the Supreme Court’s newer obscenity standards when reconsidering convictions. Because the Supreme Court’s action was an order to reconsider, the result is not a final ruling on the statute’s constitutionality and could still change on further review.

Dissents or concurrances

Justice Brennan, joined by Justices Stewart and Marshall, dissented, arguing the Texas statute is overbroad and should be invalidated; Justice Douglas would have reversed the conviction outright.