Jacobellis v. Ohio
E550591
Jacobellis v. Ohio is a 1964 U.S. Supreme Court decision that refined the constitutional standards for obscenity under the First Amendment, famously associated with Justice Potter Stewart’s “I know it when I see it” concurrence.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
landmark decision ⓘ obscenity case ⓘ |
| areaOfLaw |
constitutional law
ⓘ
criminal law ⓘ freedom of expression ⓘ |
| arguedDate | 1963-03-26 ⓘ |
| chiefJusticeAtTime | Earl Warren NERFINISHED ⓘ |
| citation |
12 L. Ed. 2d 793
ⓘ
378 U.S. 184 ⓘ 84 S. Ct. 1676 ⓘ |
| concurrenceBy |
Arthur J. Goldberg
NERFINISHED
ⓘ
Potter Stewart NERFINISHED ⓘ William O. Douglas NERFINISHED ⓘ |
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1964-06-22 ⓘ |
| dissentBy |
Byron R. White
NERFINISHED
ⓘ
Hugo L. Black NERFINISHED ⓘ John M. Harlan II NERFINISHED ⓘ Tom C. Clark NERFINISHED ⓘ |
| famousFor | Justice Potter Stewart’s phrase "I know it when I see it" describing hard-core pornography ⓘ |
| fullCaseName | Jacobellis v. State of Ohio NERFINISHED ⓘ |
| holding |
the First and Fourteenth Amendments limit the power of states to ban films as obscene
NERFINISHED
ⓘ
the film at issue was not obscene under the First Amendment ⓘ |
| issue | whether a state could constitutionally convict a theater manager for exhibiting an allegedly obscene film ⓘ |
| joinedByInMajority |
Arthur J. Goldberg
NERFINISHED
ⓘ
Earl Warren NERFINISHED ⓘ William O. Douglas NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalRule |
obscenity must be judged by national, not local, community standards
ⓘ
only material that is utterly without redeeming social value can be obscene ⓘ |
| lowerCourtDisposition | conviction of theater manager for exhibiting allegedly obscene film affirmed ⓘ |
| majorityOpinionBy | William J. Brennan Jr. NERFINISHED ⓘ |
| originatingCourt | Supreme Court of Ohio NERFINISHED ⓘ |
| petitioner | Nico Jacobellis NERFINISHED ⓘ |
| precedentFor | later obscenity cases interpreting the First Amendment ⓘ |
| rearguedDate | 1963-10-21 ⓘ |
| relatedAmendment |
First Amendment to the United States Constitution
NERFINISHED
ⓘ
Fourteenth Amendment to the United States Constitution NERFINISHED ⓘ |
| relatedTo |
Memoirs v. Massachusetts
NERFINISHED
ⓘ
Miller v. California NERFINISHED ⓘ Roth v. United States NERFINISHED ⓘ |
| relatedWork | film "Les Amants" ("The Lovers") directed by Louis Malle NERFINISHED ⓘ |
| respondent | State of Ohio NERFINISHED ⓘ |
| subjectMatter |
constitutional standards for obscenity
ⓘ
film censorship ⓘ freedom of speech ⓘ |
| supremeCourtDisposition | judgment of the Supreme Court of Ohio reversed ⓘ |
| term | 1963 term ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.