Aday v. United States

U.S.

Court: Supreme Court of the United States

Citations: 388 U.S. 447, 18 L. Ed. 2d 1309, 87 S. Ct. 2095, 1967 U.S. LEXIS 1097, SCDB 1966-140

Decision Date: 6/12/1967

Docket Number: No. 149

Jurisdiction: U.S.

Bluebook Citation: Aday v. United States, 388 U.S. 447, 18 L. Ed. 2d 1309, 87 S. Ct. 2095, 1967 U.S. LEXIS 1097, SCDB 1966-140 (1967)

More Cases: U.S. decisions from 1967

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★Highly CitedTop 4% most-cited · cited by 42 decisions

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6th Cir.4

9th Cir.4

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5th Cir.2

Ill. App. Ct.2

Most recently cited by10

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1981United States v. Clark 8th Cir.
1980United States v. Sutton 6th Cir.
1980Flynt v. State Ga. Ct. App.
1975United States v. Derrick 6th Cir.
1975United States v. Herman L. Womack, United States of America v. Potomac News Company D.C. Cir.
1973People v. Mature Enterprises, Inc. N.Y. Crim. Ct.
1973United States v. Palladino 1st Cir.

Cites 4 cases

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Opinion

ADAY et al. v. UNITED STATES.

Judges

The Chief Justice and Mr. Justice Brennan would grant the petition, vacate the judgment, and remand in light of Memoirs v. Massachusetts, 383 U. S. 413.
Mr. Justice Clark would grant the petition and affirm.
Mr. Justice Harlan concurs in the reversal on the basis of the reasoning set forth in his opinions in Roth v. United States, 354 U. S. 476, 496, and Manual Enterprises, Inc. v. Day, 370 U. S. 478.

Attorneys

Stanley Fleishman for petitioners.
Solicitor General Marshall for the United States.
Melvin L. Wulj, Rolland R. O’Hare and Erwin B. Ellmann for the American Civil Liberties Union et al., and Horace S. Manges for the American Book Publishers Council, Inc., as amici curiae, in support of the petition.
Charles H. Keating, Jr., and James J. Clancy for Citizens for Decent Literature, Inc., as amicus curiae, in opposition to the petition.

majority Per Curiam.

The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the Sixth Circuit is reversed. Redrup v. New York, 386 U. S. 767.

The Chief Justice and Mr. Justice Brennan would grant the petition, vacate the judgment, and remand in light of Memoirs v. Massachusetts, 383 U. S. 413.

Mr. Justice Clark would grant the petition and affirm.

Mr. Justice Harlan concurs in the reversal on the basis of the reasoning set forth in his opinions in Roth v. United States, 354 U. S. 476, 496, and Manual Enterprises, Inc. v. Day, 370 U. S. 478.