holding that where United States Supreme Court has ruled on the constitutionality of a state statute governing obscenity, that ruling is binding on state courts
How later courts described this case
- holding that where United States Supreme Court has ruled on the constitutionality of a state statute governing obscenity, that ruling is binding on state courts
Written by the judges who cited it.
The opinion
Concurring Opinion by
Mr. Chief Justice Bell:
I consider “Tropic of Cancer” a lewd, obscene book, which should be banned. However, I reluctantly concur in the result reached by a majority of this Court. My decision is mandated by the United States Supreme Court decisions in Jacobellis v. Ohio, 378 U.S. 184 , 84 S. Ct. 1676 , and Grove Press, Inc. v. Gerstein, 378 U.S. 577 , 84 S. Ct. 1909 .
Mr. Justice Jones and Mr. Justice O’Brien join in this Concurring Opinion.