Melvin Friedman v. United States

Background

A small news distributor called the Sooner State News Agency was convicted in federal court in Arkansas of transporting allegedly obscene literature through the U.S. mail under 18 U.S.C. §1465. Four individuals—Friedman, Mitchum, Fishman, and Boyd—were convicted of conspiring to violate that statute under 18 U.S.C. §371. The Eighth Circuit affirmed those convictions, and the group asked the Supreme Court to review the case; the Court denied that request and later denied rehearing.

Reasoning

Because the Court refused to take the case, there is no majority opinion resolving the constitutional questions. Justice Brennan, joined by Justices Stewart and Marshall, dissented from the denial. He argued the statute is overbroad, relying on his earlier dissents in similar obscenity cases. He also pointed out that the record does not clearly show whether local community standards were used to judge obscenity and said defendants should have the chance to introduce evidence about the legal standard that determined their convictions.

Real world impact

As a result of the denial, the lower-court convictions and the statutory penalties—fines up to $5,000 or imprisonment up to five years—remain in effect for those defendants. The ruling leaves in place enforcement of the federal ban on transporting such material by mail in this case. The Supreme Court’s action is not a merits ruling on the statute’s constitutionality, and a dissent urges further review or retrial on the proper legal standard.

Dissents or concurrances

Justice Brennan would have granted review and reversed; his dissent emphasizes overbreadth and urges vacatur and remand to consider trials under local community standards. Justice Douglas did not participate.