Austin v. Kentucky

Background

A person who sold publications in McCracken County, Kentucky (the petitioner) was prosecuted under Kentucky’s Section 436.100 for selling allegedly obscene material. The petitioner argued the law makes the sale of any publication later found obscene ‘‘prima facie evidence’’ that the seller knew of the publication’s obscene character, that the trial court refused a jury instruction about a good-faith belief the material was not obscene, and that evidence showing lack of knowledge was wrongly excluded.

Reasoning

The central question presented is whether Kentucky’s statute, as written and applied, limits freedoms of speech and press and arbitrarily deprives people of liberty without fair process. The Supreme Court did not decide the merits here; it granted review only on that specific question (Question 2) to consider those claims. The opinion notes three Justices thought review should have covered all questions raised by the petition, but the Court limited the grant.

Real world impact

If the Court ultimately rules for the petitioner, sellers and small distributors could have stronger protections against criminal conviction based on a presumption that they knew a book’s or magazine’s content. The decision could also require juries to consider a seller’s good-faith belief and allow evidence showing lack of knowledge. Because the Court only granted review on the issue, this is not a final ruling and the outcome could change after full briefing and argument.

Dissents or concurrances

Three Justices expressed that they would have allowed review of all questions in the petition, signaling disagreement about how broadly the case should proceed.