JENKINS v. GEORGIA

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Case Basics
Docket No. 
73-557
Appellee 
Georgia
Appellant 
Jenkins
Advocates
(Argued the cause for the appellant)
(Argued the cause for the appellee)
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Facts of the Case 

An Albany, Georgia theater manager was convicted under a Georgia obscenity law when he showed the critically acclaimed film "Carnal Knowledge." The film explored social conceptions of sexuality and starred Jack Nicholson and Ann Margaret.

Question 

Did the manager's conviction violate the First and Fourteenth Amendments?

Conclusion 
Decision: 9 votes for Jenkins, 0 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

A unanimous Court held that the Georgia Supreme Court misapplied the obscenity test announced in Miller v. California (1973). Justice Rehnquist argued that Miller did not give juries "unbridled discretion" to determine what is patently offensive. Only material that displays "hard core sexual conduct" is prohibited. Since "Carnal Knowledge" did not contain scenes of that nature it merited constitutional protection.

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JENKINS v. GEORGIA. The Oyez Project at IIT Chicago-Kent College of Law. 10 November 2014. <http://www.oyez.org/cases/1970-1979/1973/1973_73_557>.
JENKINS v. GEORGIA, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1973/1973_73_557 (last visited November 10, 2014).
"JENKINS v. GEORGIA," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 10, 2014, http://www.oyez.org/cases/1970-1979/1973/1973_73_557.