Price v. Virginia

Background

A movie theater manager was convicted in Danville, Virginia, for showing an allegedly obscene film called “Anomalies” under a Virginia law that penalizes the exhibition of obscene motion pictures. The Virginia Supreme Court affirmed the conviction. The U.S. Supreme Court previously sent the case back for reconsideration after related decisions, and after the state courts again upheld the conviction, the Supreme Court declined to take the case for full review.

Reasoning

The central question is whether the state may criminally punish showing sexually oriented material. Three Justices (Brennan, Stewart, and Marshall) wrote that, except for sales to children or forced exposure to unwilling adults, the First and Fourteenth Amendments bar complete suppression of such material and that Virginia’s statutory definition is overly broad. Justice Douglas would go further and treat any ban or regulation of obscenity as unconstitutional. The Court as a whole, however, chose not to decide the issue and denied the petition.

Real world impact

Because the Court refused review, the manager’s conviction and the Virginia law remain in force for now. The dissents show substantial disagreement among the Justices about whether states may broadly ban sexually oriented material. The opinion is not a final nationwide ruling on obscenity law, so future cases could produce different results.

Dissents or concurrances

Justice Brennan’s dissent (joined by two other Justices) says the statute is facially overbroad and urges a new trial if local community standards were not applied; Justice Douglas would have summarily reversed outright.