Sewell v. Georgia
Headline: Federal review denied as Court dismisses appeal, leaving a bookstore employee’s Georgia obscenity conviction for selling an explicit magazine and sexual devices intact and the constitutional questions unresolved.
Holding:
- Leaves the Georgia obscenity conviction standing while federal review is declined.
- Raises uncertainty for sellers of sexual devices about what state law prohibits.
- Keeps unresolved whether constructive knowledge or vague device rules violate constitutional protections.
Summary
Background
William M. Sewell, an employee at an adult bookstore, sold a magazine called "Hot and Sultry" and an item described as an "artificial vagina" to an undercover officer. Police then seized various vibrators and rubber devices. A jury convicted Sewell under Georgia Code §26-2101 for selling and possessing obscene material, and he was sentenced to jail and fined.
Reasoning
The Supreme Court dismissed the appeal for want of a substantial federal question, meaning the Court declined to review Sewell’s constitutional challenges. Sewell had argued several federal problems: that the law allows convictions based on "constructive" knowledge rather than actual knowledge, that the portion of the statute targeting sexual devices is unconstitutionally vague, that the magazine is protected speech, and that the seizures violated constitutional protections. The dismissal leaves the Georgia conviction in place because the Court did not reach these arguments on the merits.
Real world impact
Because the Court refused review, the state conviction stands for now and sellers of adult materials remain subject to Georgia’s obscenity law as enforced. Important constitutional questions raised here — how much knowledge a seller must have, how clearly devices must be defined, and whether certain materials are protected speech — remain unresolved by this Court and could be decided in a future case.
Dissents or concurrances
Justices Brennan and Stewart dissent: Brennan would have granted review, stressing vagueness and the constructive-knowledge problem; Stewart would reverse the conviction as to the magazine sale, viewing it as protected speech.
Opinions in this case:
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