Bloss v. Dykema

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In Bloss v. Dykema, 398 U.S. 278 (1970), the U.S. Supreme Court held in favor of obscenity under the First Amendment with a brief statement that it also used in nearly two dozen other decisions:

The petition for a writ of certiorari is granted and the judgment of the Michigan Court of Appeals is reversed. Redrup v. New York, 386 U.S. 767.

In dissent, Justice John Harlan II referred to this as the "Redrup treatment":

From the standpoint of what I regard as the permissible exercise of state power in this field, the materials in this case fall far short of the "borderline" movie involved in Cain v. Kentucky (reversed summarily), 397 U.S. 319 (1970), see my dissent in that case, and I am at a loss to understand how these materials can be deemed to qualify for Redrup treatment when only a short time ago the Court declined to accord that treatment to the materials involved in Spicer v. New York, cert. denied, 397 U.S. 1042.

External links

  • Case at FindLaw (registration may be required)