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390 US 340 Felton v. City of Pensacola

390 U.S. 340

88 S.Ct. 1098

19 L.Ed.2d 1220

Roy Michael FELTON et al.
v.
CITY OF PENSACOLA.

No. 934.

Supreme Court of the United States

March 11, 1968

Stanley Fleishman, Sam Rosenwein and Hugh W. Gibert, for petitioners.

Dave Caton, for respondent.

On Petition for Writ of Certiorari to the District Court of Appeal of Florida, First District.

PER CURIAM.

1

The petition for a writ of certiorari is granted and the judgment of the District Court of Appeal of Florida, First District, is reversed. Redrup v. State of New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515.

2

THE CHIEF JUSTICE would grant the petition and reverse because of the failure of the trial court to adhere to the standard for judging obscenity announced in Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498.

3

Mr. Justice HARLAN would affirm the judgment of the state court upon the premises stated in his separate opinion in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498 and his dissenting opinion in A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' v. Attorney General of Massachusetts, 383 U.S. 413, 455, 86 S.Ct. 975, 16 L.Ed.2d 1.