Atheneum Book Store, Inc. v. City of Miami Beach, 420 U.S. 982 (1975). · Go Syfert
Search
Atheneum Book Store, Inc. v. City of Miami Beach, 420 U.S. 982 (1975). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 1 distinct case · “The Jacksonville Case”
22 citation events across 12 distinct courts.
Strongest positive: Alberti v. Sheriff of Harris County, Texas (txsd, 1975-12-16)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (quoted) Alberti v. Sheriff of Harris County, Texas
S.D. Tex. · 1975 · signal: see · quote attribution · 1 verbatim quote · confidence high
the jacksonville case
discussed Cited "see" Crain v. Bordenkircher
W. Va. · 1986 · signal: see · confidence high
See Taylor v. Sterrett, 344 F.Supp. 411 (N.D.Tex.1972), modified, 499 F.2d 367 (5th Cir.1974), cert. *362 denied, 420 U.S. 983 , 95 S.Ct. 1414 , 43 L.Ed.2d 665 (1975) (approved forty square feet); Campbell v. Cauthron, 623 F.2d 503 (8th Cir.1980) (required forty-three square feet if inmate held for one week or more); Johnson v. Levine, 450 F.Supp. 648 , modified, 588 F.2d 1378 (4th Cir.1978) (approved forty square feet); Cooper v. Morin, 91 Misc.2d 302 , 398 N.Y.S.2d 36 (1977) (approved forty-eight square feet per inmate, but on equal protection basis).
discussed Cited "see, e.g." Palmigiano v. Garrahy
D.R.I. · 1977 · signal: see also · confidence low
See Lombardo v. Meachum, 548 F.2d 13 , 15 n. 3 (1st Cir. 1977); Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972); see also Taylor v. Sterret, 499 F.2d 367 (5th Cir. 1974), cert. denied 420 U.S. 983 , 95 S.Ct. 1414 , 43 L.Ed.2d 665 (1975) (pendent jurisdiction over state laws regarding prison conditions). 32 .
Retrieving the full opinion text from the archive…
Atheneum Book Store, Inc.
v.
City of Miami Beach
No. 74-438.
Supreme Court of the United States.
Mar 17, 1975.
420 U.S. 982
Brennan, Marshall, Stewart, Whom.
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 65%
Citer courts: S.D. Texas (1)

Lead Opinion

Cir. Ct. Fla., Dade County. Certiorari denied.

Dissent

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

dissenting.

On June 15, 1971, a Miami Beach Municipal Court Judge ordered the materials in petitioner’s bookstore seized for use as evidence at a subsequent trial. The[*983] order followed a 13-minute examination of the store’s contents which convinced the judge that some of the publications on sale “based upon previous judicial decisions, constitute hard core pornography” and that the owners of the store were “pandering both to heterosexual and homosexual individuals.” The Circuit Court of the Eleventh Judicial Circuit affirmed, and the Third District Court of Appeal and the Supreme Court of Florida denied certiorari.

It is my view that “at least in the absence of distribution to juveniles or obtrusive exposure to unconsenting adults, the First and Fourteenth Amendments prohibit the State and Federal Governments from attempting wholly to suppress sexually oriented materials on the basis of their allegedly ‘obscene’ contents.” Paris Adult Theatre I v. Slaton, 413 U. S. 49, 113 (1973) (Brennan, J., dissenting). It is clear that, tested by that constitutional standard, the Municipal Court Judge’s order was invalid. For the reasons stated in my dissent in Miller v. California, 413 U. S. 15, 47 (1973), I would therefore grant certiorari, and, since the judgment of the Supreme Court of Florida was rendered after Miller, reverse. In that circumstance, I have no occasion to consider whether the other questions presented merit plenary review. See Heller v. New York, 413 U. S. 483, 494 (1973) (Brennan, J., dissenting).