Slepicoff, Dba Graduate Enterprises v. United States

Background

A Florida business owner, Hyman C. Slepicoff doing business as Graduate Enterprises, was convicted after a jury trial for mailing obscene advertisements under a federal law that declares certain material "nonmailable" and punishes mailings with fines or up to five years in prison. The Court of Appeals for the Fifth Circuit affirmed that conviction, and the case came to the Supreme Court for review.

Reasoning

The Supreme Court declined to review the lower-court decision, so the Court did not issue a new majority opinion deciding the constitutionality of the statute. Because review was denied, the Fifth Circuit’s affirmation and the criminal judgment remain in effect. A written dissent by Justice Brennan, joined by Justices Stewart and Marshall, explained that he would have granted review and would have reversed, calling the statute overbroad and relying on his earlier dissenting views in related obscenity cases.

Real world impact

Practically, the denial means the federal prohibition on mailing material the statute calls "nonmailable" continues to be enforced in this case, and the criminal penalties imposed on the seller remain in force. The Supreme Court’s refusal to take the case leaves the question of the law’s broader constitutionality unresolved at the national level and preserves the status of the lower-court ruling for this defendant.

Dissents or concurrances

Justice Brennan’s dissent argues the statute is facially overbroad and would have reversed the conviction, signaling ongoing disagreement among the Justices about the law’s scope.