The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, April 15, 1974
Decision: Monday, June 24, 1974
Issues: First Amendment, Obscenity, State
Categories: criminal, first amendment, freedom of speech, jury, obscenity

Advocates

Tony H. Hight (Argued the cause for the appellee)
Louis Nizer (Argued the cause for the appellant)

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

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Jenkins, 0 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the majority
Burger
Wrote a special concurrence
Douglas
Wrote a special concurrence
Brennan
Voted with the majority, joined Brennan's concurrence
Stewart
Voted with the majority
White
Voted with the majority, joined Brennan's concurrence
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
Rehnquist
Full Opinion by Justice William H. Rehnquist

Cite this page

The Oyez Project, Jenkins v. Georgia, 418 U.S. 153 (1974),
available at: <http://www.oyez.org/cases/1970-1979/1973/1973_73_557/>
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