|
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
|
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.