Parties: McKinney v. Alabama
Date: 1976-03-23
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Paragraph: 10 - The Constitution obviously cannot force anyone to exercise the freedom of expression which it guarantees.
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Paragraph: 31 - Although Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), held that the concept of obscenity as defined in that case is not unconstitutionally vague, we have "expressly recognized the complexity of the test of obscenity . . . and the vital necessity in its application of safeguards to prevent denial of 'the protection of freedom of speech and press' " for nonobscene material. Marcus v. Search Warrant, 367 U.S. 717, 730, 81 S.Ct. 1708, 1715, 6 L.Ed.2d 1127, 1135 (1961). "(T)he Fourteenth Amendment requires that regulation by the States of obscenity conform to procedures that will ensure against the curtailment of constitutionally protected expression, which is often separated from obscenity only by a dim and uncertain line." Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 66, 83 S.Ct. 631, 637, 9 L.Ed.2d 584, 590 (1963).
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Paragraph: 29 - A civil procedure that complies with the commands of the First Amendment and due process may serve the public interest in controlling obscenity without exposing the marketer to the risks and the stigma of a criminal prosecution, and thus protect, by minimizing the risk of marketer self-censorship, the right to the free publication and dissemination of constitutionally protected literature.
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Paragraph: 32 - Moreover, the possible erroneous imposition of civil sanctions under the preponderance-of-the-evidence standard simply creates too great a risk of self-censorship by those engaged in dissemination of printed material pertaining to sex.
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Paragraph: 31 - In the civil adjudication of obscenity Vel non, the bookseller has at stake such an "interest of transcending value"—protection of his right to disseminate and the public's right to receive material protected by the First Amendment. Protection of those rights demands that the factfinder be almost certain—convinced beyond a reasonable doubt—that the materials are not constitutionally immune from suppression. Although Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), held that the concept of obscenity as defined in that case is not unconstitutionally vague, we haveN29* "expressly recognized the complexity of the test of obscenity . . . and the vital necessity in its application of safeguards to prevent denial of 'the protection of freedom of speech and press' " for nonobscene material. Marcus v. Search Warrant, 367 U.S. 717, 730, 81 S.Ct. 1708, 1715, 6 L.Ed.2d 1127, 1135 (1961). "(T)he Fourteenth Amendment requires that regulation by the States of obscenity conform to procedures that will ensure against the curtailment of constitutionally protected expression, which is often separated from obscenity only by a dim and uncertain line."
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