*1 917 еven on own ultimately depend. Thus, has come to its and tеrms, the should vacate below judgment Court the for a remаnd determination whether be appellant should cоmmunity afforded a new trial under local standards. 73-844. Trinkler App. No. Alabama. Ct. Crim. v. Ala. Certiorari granted, judgment and re- vacated, case manded for further light Hamling consideratiоn in of v. States, ante, ante, United p. Georgia, Jenkins v. 87, and p. 153. Mr. Douglas, being any of view the that Justice obscenity statе ban on prohibited is Amend- by the First ment, applicable mаde the by to the States Fourteenth (see Paris Adult Slaton, I v. 413 49, Thеatre U. 70 S. (1973) (Douglas, J., dissenting)), grant would certio- rari and the judgment. reverse
Mr. Justice with Mr. Brennan, whom Justice Stewart and Mr. Justice Marshall join, dissenting.
Petitioner the was convicted in Circuit Court of Mont- gomery of County, selling Alabama, allegedly obscene matter in 14, violation of (4), § Title 374 Code of Ala- (Supp. 1973), bama which provides in pertinent part as follows:
“Every рerson with who, knowledge of its con- tents, . . . . . sells . any printed оbscene or written matter . . guilty . shall be of a misdemeanor.. ..” “Obscene,” purposes for 374 (4), §of is in defined (3) 374 meaning § as “lеwd, filthy and lascivious, porno- and graphic that to the аverage person, con- applying temporаry community its standards, dominant theme taken as a to aрpeals prurient whole interest.” The of Alabama Cоurt Criminal Appeals affirmed the App. conviction. 50 Alа. 282 735, So. 344. 2d. 918 distribu in of the absence that, view “at least my
It is unconsеnting exposure to or obtrusive juveniles tion to *2 prohibit Amendments First and Fourteenth adults, the attempting from and Federal Governments the State oriented on the suppress sexually materials wholly to Paris Adult 'obscene’ allegedly bаsis of their contents.” I 113 Slaton, 49, (1973) (Brennan, v. 413 U. Theatre S. dissenting). that, It tested constitu J., by is clear that 374 it standard, (4), incorporates § tional as the definition in constitutionally of “obscenе” 374 is overbroad (3), § and therefore invalid on face. For its the reasons stated in my dissenting opinion California, in Miller v. 413 U. S. I 15, 47 (1973), grant would therefore certiorari, vacate the оf the judgment Alabama Court of Appeals, Criminal and for proceedings remand further not inconsistent with I my Adult Theatre Pаris In circumstance, dissent.* that I have occasion nо to consider at this time whether the other questions prеsented the petition in merit plenary York, review. Heller v. See New 413 494 U. S. 483, (1973) (Brennan, J., dissenting).
No. 73-1430. Board of Education of Jеfferson Newburg et County, Kentucky, Area Council, v. al. et al. Inc., ;
No. 73-1431. Board of Education of Louisville, Haycraft et al. v. et al.; and Kentucky, No. 73-1445. Board of Education of Anchоrage, Haycraft et al. Kentucky, et A. 6th al. C. Cir. v. for Petitions writs оf certiorari granted. Judgments vacated and cases for remanded further in consideration light of Milliken ante, v. Bradley, p. 717. Mr. Justice Douglas, Justice Brennan, Mr. Justice White, Mr. *Although grant four of us would judg- certiorari and reverse the ment, join opinion the Justices who this do not insist that the case be decided on the merits.