Trinkler v. Alabama

Background

A person was convicted in Alabama for distributing allegedly obscene printed materials under a state law that outlaws sending, bringing in, selling, exhibiting, or possessing for commercial distribution obscene matter and prescribes jail time and fines. That conviction was appealed through the Alabama court system and reached the Supreme Court for review after several recent major obscenity rulings by this Court.

Reasoning

The Supreme Court granted review, vacated the judgments, and sent the case back to the Alabama Court of Criminal Appeals to reconsider the convictions in light of its recent obscenity decisions, including Miller and related cases. The Court did not itself resolve the final question of guilt or innocence but instructed the lower court to apply the new tests and standards announced by the Court when deciding whether the materials are legally obscene.

Real world impact

Because the case is remanded rather than finally decided here, convictions under the challenged Alabama statute are not yet final and must be re-examined. The ruling requires lower courts to apply the Court’s new obscenity criteria when reviewing similar prosecutions, producing uncertainty for people who sell or distribute sexually oriented materials until the state courts reach new decisions.

Dissents or concurrances

Two Justices filed dissents arguing the statute and the Court’s new standards raise serious problems. One Justice said the Alabama law is overbroad and would broadly ban protected material; another warned the new tests are vague, will invite arbitrary enforcement, and will prompt booksellers and librarians to self-censor.