Rabeck Vs. New York

Rabeck vs New York

Type Court Judgment Court US Supreme Court Decided May-27-1968

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Citation: sooperkanoon.com/101989
Court: US Supreme Court
Decided On: May-27-1968
Case Number: 391 U.S. 462
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rabeck

Respondent

New York

Excerpt

.....in our view, is unconstitutionally vague. "nor is it an answer to an argument that a particular regulation of expression is vague to say that it was adopted for the salutary purpose of protecting children. the permissible extent of vagueness is page 391 u. s. 463 not directly proportional to, or a function of, the extent of the power to regulate or control expression with respect to children." interstate circuit, inc. v. city of dallas, 390 u. s. 676 , 390 u. s. 689 . reversed. mr justice douglas, with whom mr. justice black concurs, would reverse for the reasons stated in his dissenting opinion in ginsberg v. new york, 390 u. s. 629 , 390 u. s. 650 . mr justice harlan would affirm the judgment of the state court on the premises stated in his separate opinion in interstate circuit, inc. v. city of dallas, 390 u. s. 676 , 390 u. s. 704 . in addition, he considers it a particularly fruitless judicial act to strike down on the score of vagueness a state statute which has already been repealed. * section 484-i was repealed by n.y.laws 1967, c. 791. see ginsberg v. new york, 390 u. s. 629 , 390 u. s. 631 -632, n. 1.

Full Judgment

Rabeck v. New York - 391 U.S. 462 (1968)
U.S. Supreme Court Rabeck v. New York, 391 U.S. 462 (1968)

Rabeck v. New York

No. 611

Decided May 27, 1968

391 U.S. 462

APPEAL FROM THE APPELLATE TERM OF THE SUPREME COURT

OF NEW YORK, FIRST JUDICIAL DEPARTMENT

SYLLABUS

Former § 484-i of the New York Penal Law, which prohibited the sale of "magazines . . . which would appeal to the lust of persons under the age of eighteen years or to their curiosity as to sex or to the anatomical differences between the sexes," is unconstitutionally vague, and it is no answer to say that it was adopted for the salutary purpose of protecting children.

Reversed.

PER CURIAM.

Appellant, in seeking reversal of his conviction for selling "girlie" magazines to a minor under 18 years of age in violation of former § 484-i, New York Penal Law, * argues, among other grounds, that the statute is impermissibly vague. We agree. While we rejected a like claim as to § 484-h in Ginsberg v. New York, 390 U. S. 629 , § 484-i in part prohibited the sale of

"any . . . magazines . . . which would appeal to the lust of persons under the age of eighteen years or to their curiosity as to sex or to the anatomical differences between the sexes. . . ."

That standard, in our view, is unconstitutionally vague.

"Nor is it an answer to an argument that a particular regulation of expression is vague to say that it was adopted for the salutary purpose of protecting children. The permissible extent of vagueness is

Page 391 U. S. 463

not directly proportional to, or a function of, the extent of the power to regulate or control expression with respect to children."

Interstate Circuit, Inc. v. City of Dallas, 390 U. S. 676 , 390 U. S. 689 .

Reversed.

MR JUSTICE DOUGLAS, with whom MR. JUSTICE BLACK concurs, would reverse for the reasons stated in his dissenting opinion in Ginsberg v. New York, 390 U. S. 629 , 390 U. S. 650 .

MR JUSTICE HARLAN would affirm the judgment of the state court on the premises stated in his separate opinion in Interstate Circuit, Inc. v. City of Dallas, 390 U. S. 676 , 390 U. S. 704 . In addition, he considers it a particularly fruitless judicial act to strike down on the score of vagueness a state statute which has already been repealed.

* Section 484-i was repealed by N.Y.Laws 1967, c. 791. See Ginsberg v. New York, 390 U. S. 629 , 390 U. S. 631 -632, n. 1.

Same Parties Rabeck vs New York Same Subject Education