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Ward Vs. Illinois
Cites for this judgment
- US Supreme Court
- Jun 09, 1977
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U.S. 767 (1977) U.S. Supreme Court Ward v. IllinoisSearch
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U.S. 767 (1977) Ward v. IllinoisSearch
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U.S. 767 APPEAL FROM THE SUPREME COURT OF ILLINOIS Syllabus Prior to the decision in Miller v. CaliforniaSearch
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Sado-masochistic materials are the kind of materials that may be proscribed by state law, Mishkin v. NewSearch
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obscenity criterion announced in Memoirs v. MassachusettsSearch
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The principal issue in this case is the validity of the Illinois obscenity statute, considered in light of Miller v. CaliforniaSearch
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S. 769 community standards' would find that the work, taken as a whole, appeals to the prurient interest, Kois v. WisconsinSearch
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quoting Roth v. UnitedSearch
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value. We do not adopt as a constitutional standard the 'utterly without redeeming social value' test of Memoirs v. MassachusettsSearch
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ultimate power of appellate courts to conduct an independent review of constitutional claims when necessary. See Kois v. WisconsinSearch
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Roth v. UnitedSearch
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U. S. 771 decision of a three-judge District Court for the Northern District of Illinois. Eagle Books, Inc. v. ReinhardSearch
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Brief any citation in this list with AI Studio
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the Illinois statute long before Miller and prior to the sales for which Ward was prosecuted. In People v. SikoraSearch
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People v. DeVilbissSearch
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Chicago v. GeraciSearch
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and, as later pointed out in Hamling v. UnitedSearch
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extend constitutional protection to the kind of flagellatory materials that were among those held obscene in Mishkin v. NewSearch
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are not obscene when examined under the three-part test of Miller. This argument is also foreclosed by Mishkin v. NewSearch
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York, supra, which came down the same day as Memoirs v. MassachusettsSearch
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U. S. 413 (1966), and which employed the obscenity criteria announced by the latter case. See Marks v. UnitedSearch
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As we see it, Illinois has not failed to comply with Miller, and its statute is not overbroad. People v. RidensSearch
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had provided the tests for obscenity found in Roth v. UnitedSearch
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S. 476 (1957), and that it subsequently had been construed to incorporate the tripartite standard found in Memoirs v. MassachusettsSearch
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People v. RidensSearch
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to take cognizance of the specificity requirement set down in Miller. Furthermore, in a later case, People v. GouldSearch
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Ill.2d 159, 324 N.E.2d 412 (1975), the Illinois Supreme Court quoted at length from Miller v. CaliforniaSearch
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not only be real, but substantial as well, judged in relation to the statute's plainly legitimate sweep.' ( Broadrick v. OklahomaSearch
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is surely as much as this Court did in its post- Miller construction of federal obscenity statutes. In Hamling v. UnitedSearch
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anal intercourse, lesbianism, and sadism and masochism, are vivid, intimately detailed, and explicit. ( Cf. One, Inc. v. OlesenSearch
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U.S. 913, 914 (1973) (BRENNAN, J., dissenting in Miller v. UnitedSearch
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States and other cases), citing Miller v. CaliforniaSearch
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Ridens v. IllinoisSearch
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STEWART, and MR. JUSTICE MARSHALL join, dissenting. The decision in this case confirms the statement in Miller v. CaliforniaSearch
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Marks v. UnitedSearch
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of proscribed sexual conduct, it adds no protection to what the Constitution itself creates. For in Jenkins v. GeorgiaSearch
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E.g., State v. HardingSearch
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People v. TabronSearch
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ABC Interstate Theatres, Inc. v. StateSearch
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State v. WedelstedtSearch
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Commonwealth v. HortonSearch
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This Court saved such a statute in Hamling v. UnitedSearch
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given as examples in Miller v. CaliforniaSearch
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and concluded that Illinois has failed to meet the specificity requirement of Miller. Eagle Books, Inc. v. ReinhardSearch
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primary discussion of the State's obscenity statute in relation to the Miller specificity requirement, People v. RidensSearch
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Ridens II ), the Illinois Supreme Court relied on two cases to uphold the statute. In the first case, Grayned v. CitySearch
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The second case which the Ridens II court relied upon was its own decision in People v. RabySearch
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U.S. Supreme Court Ward v. IllinoisSearch
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