Dyke v. Georgia
Headline: Court refuses to review a Georgia conviction for showing an allegedly obscene film, leaving the state judgment intact while three Justices say the law’s definition of obscenity is too broad.
Holding: The Supreme Court denied review of a Georgia conviction for exhibiting an allegedly obscene film, leaving the lower-court judgment in place despite separate dissents arguing the statute is too broad.
- Leaves the Georgia conviction for showing the film in place.
- Allows Georgia’s obscenity statute to remain operative unless challenged again.
- Signals disagreement among Justices about how to define and apply obscenity rules.
Summary
Background
Edward H. Dyke was convicted in Fulton County, Georgia, for exhibiting an allegedly obscene film under Georgia law § 26-2101. The Georgia Supreme Court affirmed the conviction, and Dyke asked the United States Supreme Court to review that decision. The Court declined to hear the case and denied the petition for review.
Reasoning
The Court’s action was simply to refuse review; the opinion text does not announce a majority explanation for that denial. Several Justices dissented from the denial. Justice Brennan (joined by Justices Stewart and Marshall) said the Georgia definition of “obscene” is unconstitutionally too broad and argued the conviction should be reversed under the reasoning he offered in earlier opinions. Justice Brennan also said it did not appear local community standards were used and that the defendant should be allowed to present evidence under those standards.
Real world impact
Because the Supreme Court denied review, the Georgia conviction and the state statute remain in effect for now. The denial leaves enforcement of Georgia’s obscenity law undisturbed unless another court later reaches a different result. Justice Brennan suggested the case should be sent back for possible reconsideration under local community standards, but that was a dissenting view and not the Court’s ruling.
Dissents or concurrances
Justice Douglas would have granted review and summarily reversed, stating his view that any state or federal ban or regulation of obscenity is prohibited by the Constitution. Justice Brennan would have granted review and reversed for the reasons he explained in prior dissents.
Opinions in this case:
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