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JACOBELLIS v. OHIO

No. 11.

378 U.S. 184 (1964)

JACOBELLIS v. OHIO.

Supreme Court of United States.

Restored to the calendar for reargument April 29, 1963.

Reargued April 1, 1964.

Decided June 22, 1964.

Attorney(s) appearing for the Case

Ephraim London reargued the cause for appellant. With him on the briefs were Bennet Kleinman and Martin Garbus.

John T. Corrigan reargued the cause and filed a brief for appellee.

Bernard A. Berkman, Jack G. Day and Melvin L. Wulf filed a brief for the American and Ohio Civil Liberties Unions, as amici curiae, urging reversal.

Charles H. Keating, Jr. filed a brief for Citizens for Decent Literature, Inc., as amicus curiae, urging affirmance.

MR. JUSTICE BRENNAN announced the judgment of the Court and delivered an opinion in which MR. JUSTICE GOLDBERG joins.

Appellant, Nico Jacobellis, manager of a motion picture theater in Cleveland Heights, Ohio, was convicted on two counts of possessing and exhibiting an obscene film in violation of Ohio Revised Code (1963 Supp.), § 2905.34.1 He was fined $500 on the first count and $2,000...

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