Kutler v. United States

Background

A man named Michael Kutler was convicted in federal court for using a common carrier to ship obscene films across state lines and for conspiring to do the same, under federal criminal statutes that bar sending obscene material by interstate carriers and set fines and prison terms. The Third Circuit Court of Appeals affirmed his convictions, and Kutler asked the Supreme Court to review that ruling. The Supreme Court denied review, so the lower-court judgment remains in place.

Reasoning

The main question here was whether the Supreme Court would take the case to decide whether the federal law that bars shipping obscene material is constitutionally valid. The Court declined to hear the appeal and made no final ruling on the law’s constitutionality. Three Justices dissented from the denial and said they would have granted review and reversed the conviction because they believe the federal statute is overly broad and violates free speech protections.

Real world impact

Because the Court refused review, the convictions and the federal ban on shipping obscene films stay enforceable for now. That leaves film distributors, sellers, and anyone who ships potentially obscene material exposed to the existing federal criminal penalties. The denial is not a decision on the substance of the law, so the constitutional dispute over the statute could be revived in another case or decided later.

Dissents or concurrances

Justice Brennan, joined by two other Justices, wrote the dissent. He argued the statute is overbroad and unconstitutional and would have granted review and reversed the lower court’s judgment.