Sykes v. Maryland

Background

A group of people were convicted in Baltimore City for showing films without a state license under Maryland’s motion picture censorship law, Md. Ann. Code, Art. 66A, §§ 1–26. That law requires films to be licensed before exhibition and forbids licensing films the State labels “obscene.” Section 6(b) defines “obscene” by asking whether a film’s main purpose or effect is to arouse sexual desires so strongly that it outweighs any other merits. Lower courts affirmed the convictions, and the state high courts denied review before the case reached the Supreme Court.

Reasoning

The Supreme Court declined to take up the case, leaving the convictions in place. A Justice (Brennan), joined by two colleagues, wrote a dissent from that denial. He explained that, in his view, the Constitution protects sexually oriented materials shown to consenting adults unless materials are distributed to minors or forced on unwilling adults. Tested by that standard, he said the Maryland definition in § 6(b) is too broad and would allow the State to suppress protected expression. He therefore would have reversed the convictions and did not reach other questions raised.

Real world impact

Because the Court refused review, the convictions under Maryland’s licensing law remain effective for now. The dissent signals a disagreement about whether states may broadly ban sexually oriented films shown to adults. This denial is not a final ruling on the law’s constitutionality and could be revisited in future cases.

Dissents or concurrances

The dissenting Justice relied on earlier dissents and argued the statute is facially overbroad and invalid as written, and he would have reversed the convictions.