Liles Et Al. v. Oregon

Background

Two men were convicted in Oregon for selling motion-picture films under a recently enacted 1973 state law that criminalized “disseminating obscene material.” The Oregon Court of Appeals affirmed the convictions, the Oregon Supreme Court denied review, and the defendants asked the United States Supreme Court to review the case.

Reasoning

The central issue was whether Oregon’s statute could be used to criminally punish the sale of sexually oriented films consistent with the Constitution. The Supreme Court voted not to take the case and denied the petition for review. Justice Stevens, concurring in that denial, explained the Court saw no productive purpose in rearguing obscenity rules already addressed by earlier decisions, so the Court declined to decide the merits here.

Real world impact

Because the Supreme Court refused review, the state-court convictions remain in place and the Oregon statute can continue to be enforced against similar sales. The denial is not a ruling on the law’s constitutionality by the high Court, so the legal question could still be decided in a future case brought and accepted for review.

Dissents or concurrances

Justice Brennan, joined by Justices Stewart and Marshall, dissented from the denial, arguing the Oregon law is facially overbroad under the First and Fourteenth Amendments and saying he would have granted review and reversed the convictions.