J-R Distributors, Inc. v. Washington

Background

Several distributors and individuals were convicted under a Washington law that outlaws exhibiting, selling, or possessing with intent to distribute materials the state deemed obscene, including films and publications. The Washington Supreme Court upheld those convictions and denied rehearing. The defendants asked the U.S. Supreme Court to review the judgments, but not all of the challenged materials were filed with this Court for inspection.

Reasoning

The central question was whether the Supreme Court should take the case and independently review the materials to decide if they are constitutionally protected. A majority of the Justices declined review, explaining that petitioners had not provided all of the materials and that the state courts had already found the works obscene under governing tests. Justice Brennan dissented, arguing the Washington law is too broad and that absent distribution to minors or unwanted public exposure the First Amendment protects sexually oriented materials; he would grant review and reverse. Justice Douglas would also have granted review and reversed on broader First Amendment grounds.

Real world impact

Because the Supreme Court refused review, the Washington convictions remain in force and the state may continue to enforce its obscenity law as applied in these cases. The decision is not a Supreme Court ruling on the merits of the law itself, so similar issues could reach the Court later if parties file the full materials and proper record. The ruling shows the Court may deny review for procedural reasons when the factual record or exhibits are not properly presented.

Dissents or concurrances

Justice Brennan urged reversal and independent review under prior decisions and Jenkins; Justice Douglas would broadly bar state obscenity bans and also would reverse.