Volume 413 — United States Reports

This is a list of all the United States Supreme Court cases from volume 413 of the United States Reports:

Miller v. California, 413 U.S. 15 (1973), is a landmark decision of the U.S. Supreme Court clarifying the legal definition of obscenity. The ruling was the origin of the three-part judicial test for determining obscene media content that can be banned by government authorities, which is now known as the Miller test.

Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973), was a case in which the U.S. Supreme Court upheld a state court's injunction against the showing of obscene films in a movie theatre restricted to consenting adults. The court distinguished the case from Stanley v. Georgia, saying that the privacy of the home that was controlling in Stanley was not present in the commercial exhibition of obscene movies in a theatre.

Petitioner, a proprietor of an 'adult' bookstore, was convicted of violating a California obscenity statute by selling a plain-covered unillustrated book containing repetitively descriptive material… Held: Obscene material in book form is not entitled to First Amendment protection merely because it has no pictorial content.

United States v. 12 200-ft. Reels of Film, 413 U.S. 123 (1973), was an in rem case decided by the United States Supreme Court that considered the question of whether the First Amendment required that citizens be allowed to import obscene material for their personal and private use at home, which was already held to be protected several years earlier. By a 5–4 margin, the Court held that it did not.

Appellee was charged with knowingly transporting obscene material by common carrier in interstate commerce, in violation of 18 U.S.C. § 1462. Held: Congress has the power to prevent obscene material, which is not protected by the First Amendment, from entering the stream of commerce. The zone of privacy that Stanley protected does not extend beyond the home. See United States v. 12 200-Ft. Reels of Film, 413 U.S. 123, 93 S.Ct. 2665, 37 L.Ed.2d 500; Paris Adult Theatre I v.

Colgrove v. Battin, 413 U.S. 149 (1973), was a United States Supreme Court case in which the Court ruled 5-4 that six person civil juries were constitutional.

Keyes v. School District No. 1, Denver, 413 U.S. 189 (1973), was a United States Supreme Court case that claimed de facto segregation had affected a substantial part of the school system and therefore was a violation of the Equal Protection Clause. In this case, black and Hispanic parents filed suit against all Denver schools due to racial segregation. The decision on this case, written by Justice William J. Brennan, was key in defining de facto segregation. Brennan found that although there were no official laws supporting segregation in Denver, "the Board, through its actions over a period of years, intentionally created and maintained the segregated character of the core city schools." As a result of the ruling, the entire district in Denver, Colorado, must be desegregated.

Almeida-Sanchez v. United States, 413 U.S. 266 (1973), was a United States Supreme Court case holding that the search of an automobile by the United States Border Patrol without a warrant or probable cause violates the Fourth Amendment. The vehicle was stopped and searched for illegal aliens twenty-five miles (40 km) from the Mexican border. The Court approached the search from four views: automobile search, administrative inspection, heavily regulated industry inspection, and border search. As to the validity of the search under the automobile exception, the Court found no justification for the search under the Carroll doctrine because there was no probable cause.

United States v. Ash, 413 U.S. 300 (1973), was a United States Supreme Court case in which the court held that the Sixth Amendment does not grant a criminal defendant the right to have counsel present when the government uses a photo array to elicit an identification of the defendant from a witness.

Sections 4 and 5 of the Voting Rights Act of 1965, as amended, are designed to prohibit the use of tests or devices, or the alteration of voting qualifications or procedures, when the purpose or… Held: 1 1. The words 'any appeal' in § 4(a) encompass an appeal by a would-be, but unsuccessful, intervenor, and appellants' appeal properly lies to this Court. Pp. 353—356. 2 2.

Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 413 U.S. 376 (1973), is a 1973 decision of the United States Supreme Court which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising for job opportunities, against a claim by the parent company of the Pittsburgh Press that the ordinance violated its First Amendment rights.

New York State Dept. of Social Servs. v. Dublino, 413 U.S. 405 (1973), was a Supreme Court of the United States case that primarily dealt with the issue of post-enactment legislative history.

Cady v. Dombrowski, 413 U.S. 433 (1973), was a United States Supreme Court case that introduced the community caretaking doctrine. Under the Fourth Amendment, "unreasonable" searches and seizures are forbidden. In addition to their law-enforcement duties, the police must engage in what the court has termed a community caretaking role, including the removal of obstructions from roadways to ensure the free flow of traffic. If either the vehicle is incapable of being driven or the owner is unavailable to claim it, they may inventory those vehicles they have seized without "unreasonably" searching those cars as long as proper procedures are followed.

Norwood v. Harrison, 413 U.S. 455 (1973), is a United States Supreme Court decision in which the court held that a state cannot provide aid to a private school which discriminates on the basis of race.

The New York Legislature appropriated $28,000,000 to reimburse nonpublic schools in the State 'for expenses of services for examination… Held: The statute constitutes an impermissible aid to religion contravening the Establishment Clause, since no attempt is made and no means are available to assure that internally prepared tests, which are 'an integral part of the teaching process,' are free of religious instruction and avoid inculcating students in the religious precepts…

Heller v. New York, 413 U.S. 483 (1973), was a United States Supreme Court decision which upheld that states could make laws limiting the distribution of obscene material, provided that these laws were consistent with the Miller test for obscene material established by the Supreme Court in Miller v. California, 413 U.S. 15 (1973). Heller was initially convicted for showing a sexually explicit film in the movie theater which he owned, under New York Penal Law § 235.0 which stated that and individual “is guilty of obscenity when, knowing its content and character, he 1. Promotes, or possesses with intent to promote, any obscene material; or 2.

Held: a warrant for seizing allegedly obscene material may not issue on the mere conclusory allegations of an officer, a fortiori, the officer may not make such a seizure with no warrant at all. “The use by government of the power of search and seizure as an adjunct to a system for the suppression of objectionable publications is not new. . . .

Held: "[T]he concept of `overreaching' has no place in this case. For here we deal with state regulation in the social and economic field, not affecting freedoms guaranteed by the Bill of Rights, and claimed to violate the Fourteenth Amendment only because the regulation results in some disparity in grants of welfare payments to the largest AFDC families.

Department of Agriculture v. Moreno, 413 U.S. 528 (1973), was a United States Supreme Court case that declared a provision of the Food Stamp Act denying food stamps to households of "unrelated persons" to be a violation of the U.S. Constitution. The Court held that provision to be irrelevant to the stated purpose of the statute and in violation of the Due Process Clause of the Fifth Amendment.

United States Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548 (1973), is a ruling by the United States Supreme Court which held that the Hatch Act of 1939 does not violate the First Amendment, and its implementing regulations are not unconstitutionally vague and overbroad.

Broadrick v. Oklahoma, 413 U.S. 601 (1973), is a United States Supreme Court decision upholding an Oklahoma statute which prohibited state employees from engaging in partisan political activities. Broadrick is often cited to enunciate the test for a facial overbreadth challenge that "the overbreadth of a statute must not only be real, but substantial as well, judged in relation to the statute's plainly legitimate sweep."

Sugarman v. Dougall, 413 U.S. 634 (1973), was a United States Supreme Court decision holding that a state law restricting certain civil service jobs to citizens violated the Equal Protection Clause of the Fourteenth Amendment because it "swep[t] indiscriminately". Plaintiffs were federally registered resident aliens. They sued when, because of their alienage, they were discharged from their competitive civil service positions with New York City. Respondents challenged the constitutionality of N.Y. Civil Service Law § 53, which denied all aliens the right to hold positions in New York's classified competitive civil service. Respondents sought a declaration that the statute was invalid under U.S. Constitution amendments I and XIV, injunctive relief, and damages for lost earnings.

petitioner was tried by court-martial and convicted of rape. Held: The judgment in No. 71—6314 is affirmed, and the judgment in No. 71—1398 is reversed. Pp. 672—693. No. 71—6314, 450 F.2d 753, affirmed; No. 71—1398, 458 F.2d 544, reversed. Mr. Justice BLACKMUN, joined by THE CHIEF JUSTICE, Mr. Justice WHITE, and Mr. Justice POWELL, concluded that: 1 1.

Appellant, a resident alien, was denied permission to take the Connecticut bar examination solely because of a citizenship requirement imposed by a state court rule, which the state courts upheld… Held: Connecticut's exclusion of aliens from the practice of law violates the Equal Protection Clause of the Fourteenth Amendment.

In this action for injunctive and declaratory relief appellant challenges the South Carolina Educational Facilities Authority Act as violative of the Establishment Clause of the First Amendment… Held: The Act as construed by the South Carolina Supreme Court does not, under the guidelines of Lemon v. Kurtzman, supra, at 612—613, 91 S.Ct., at 2111, violate the Establishment Clause. Pp. 741—749.

Committee for Public Education v. Nyquist, 413 U.S. 756 (1973), was a United States Supreme Court case which held New York state policies providing repair and maintenance grants to non-public schools, and tuition reimbursement or tax credits to parents of students were Establishment Clause violations. The Court found that the three New York State programs failed the primary effect prong of the Lemon test.

Subsequent to Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745, Pennsylvania enacted the 'Parent Reimbursement Act for… Held: There is no constitutionally significant difference between Pennsylvania's tuition grant scheme, with its intended consequence of preserving and supporting religion-oriented institutions, and New York's tuition reimbursement program held violative of the Establishment Clause in Committee for Public Education & Religious Liberty v.…