Grove Press, Inc. v. Gerstein

June 22, 1964

Supreme Court of the United States · decided June 22, 1964

Cited by 58 later decisions (6 by the Supreme Court) — most recently September 1979 · most notably Ginzburg v. United States (1966), Kaplan v. California (1973)

11 federal appellate · 38 state decisions — followed in 11 states

Relies on Jacobellis v. Ohio · Green v. Virginia

Good law ✅— No negative treatment on recordhow we know

Reversed · 5–4 · Opinion by Per Curiam · Decided June 22, 1964

View the full empirical analysis of this case →

Edward de Grazia and Richard Yale Feder, for petitioner.

James W. Kynes, Atty. Gen. of Florida, Leonard R. Mellon, Asst. Atty. Gen., and Glenn C. Mincer, for respondents.

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

PER CURIAM.

¶1

The petition for a writ of certiorari is granted, and the judgment is reversed. Mr. Justice BLACK and Mr. Justice DOUGLAS would reverse for the reasons stated in the opinion of MR. JUSTICE BLACK in Jacobellis v. Ohio, 378 U.S. 196, 84 S.Ct. 1682. Mr. Justice BRENNAN and Mr. Justice GOLDBERG would reverse for the reasons stated in the opinion of Mr. Justice Brennan in Jacobellis, 378 U.S. 184, 84 S.Ct. 1677. Mr. Justice STEWART would reverse for the reasons stated in his opinion in Jacobellis, 378 U.S. 197, 84 S.Ct. 1683. THE CHIEF JUSTICE, Mr. Justice CLARK, Mr. Justice HARLAN, and Mr. Justice WHITE are of the opinion that certiorari should be denied.