Supreme Court of the United States, 1977

Cutting v. United States

Supreme Court of the United States · Decided January 10, 1977 · Brennan, Marshall, Stewart, Whom

429 U.S. 1052; 97 S. Ct. 766 (United States Reports)

Cases that cite this one

1 later published case cites this decision.

State Ex Rel. Collins v. Superior Court (Ariz. 1986)

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Opinion of the Court

C. A. 9th Cir. Certiorari denied.

Dissenting Opinion

Mr. Justice Brennan, with whom Mr. Justice Stewart and Mr. Justice Marshall join,

dissenting.

Petitioners were convicted of mailing obscene materials in violation of 18 U. S. C. § 1461. I adhere to the view that this statute is " 'clearly overbroad and unconstitutional on its face.’ ” See, e. g., Millican v. United States, 418 U. S. 947, 948 (1974) (Brennan, J., dissenting), quoting United States v. Orito, 413 U. S. 139, 148 (1978) (Brennan, J., dissenting). I therefore would grant certiorari and reverse.

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