Groner, Dba Lucky Distributors v. United States

Background

A distributor who did business as Lucky Distributors was convicted in federal court for using a common carrier to send allegedly obscene books and other materials in interstate commerce under 18 U.S.C. §1462. The Fifth Circuit affirmed the conviction, this Court vacated and remanded for reconsideration in light of Miller v. California, and on remand the Fifth Circuit again affirmed. The petitioner then asked this Court to review the case.

Reasoning

The Court declined to review the appeal and denied the petition, leaving the lower-court conviction in place. In his dissent, Justice Brennan (joined by Justices Stewart and Marshall) argued that the federal statute is overbroad and unconstitutional on its face, repeating views he expressed in earlier dissents. Brennan noted the statute’s text and penalties and said the lower court’s decision came after earlier key cases that he had opposed.

Real world impact

Because the Court refused to take the case, the distributor’s conviction remains final and similar federal prosecutions can continue under §1462. Brennan also emphasized that the record does not show whether local community standards were used to judge obscenity, and he urged that the defendant be allowed to have evidence and possibly a new trial under those standards.

Dissents or concurrances

Justice Douglas would have gone further, saying any state or federal ban on obscenity is unconstitutional and would have granted and reversed summarily.