[eDebate] questions about American Booksellers v Hudnut

William Newnam wnewnam
Wed Jun 7 09:36:09 CDT 2006

Joe and Steve clarified this and I appreciate it.  The Supreme Court's decision was to affirm the Eighth circuit.

I found this quote which is more clear four our purposes than the Supreme Court Reporter on the issue:

"NOTE: The Lessons of Miller and Hudunt: On Proposing a Pornography Ordinance that Passes Constitutional Muster" Karo and McBrian, 23:179 U Michigina JL Reform, Fall, 1989, 

"The recent Supreme Court decisions in Pope v. Illinois n140 and Hudnut, n141 clarify that any pornography ordinance will have to conform to the strictures of Miller. As detailed supra, the Miller test has three elements; material is obscene when it: (1) appeals to the prurient interest under contemporary community standards; (2) depicts, in a patently offensive way, conduct specifically described by the applicable state law; and (3) lacks serious literary, artistic, political, or scientific value (the "LAPS" test). n142 In dicta the Miller court limited the scope of prohibitable obscenity to "hard-core sexual conduct." n143

The Supreme Court Reporter merely says, 

OPINION: Affirmed on appeal from C.A. 7th Cir. THE CHIEF JUSTICE, JUSTICE REHNQUIST, and JUSTICE O'CONNOR would note probable jurisdiction and set case for oral argument. [475 U.S. 1001, 1986]

Thank you for the input Steve and Joe,

bill n
  ----- Original Message ----- 
  From: Joe Patrice 
  To: edebate at ndtceda.com 
  Sent: Tuesday, June 06, 2006 3:15 PM
  Subject: Re: [eDebate] questions about American Booksellers v Hudnut

  Hudnut is an interesting procedural case.  The Supreme Court did decide the case by issuing a summary affirmation, meaning they granted cert, heard the case, and ultimately decided, without written opinion, that it was correctly decided.  They then list this case on a table in the official reporter.  The cite for the Supreme Court decision is 475 US 1001 (1986).  


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