norml21 - Page 38

Page 38 Previous , Next , Original Image
Return to Index

 interstate commerce by means of common carriers. The Court viewed
 its decision to be mandated by _ Gg_____. The Supreme
 Court vacated judgment and remanded for reconsideration in light
 of its decisions in United State_7o Reidelf 402 UoSo 351r 91 So
 Ct. 1410_ 28 L. Ed_2d 813 (1971); Unfted__ vo Thir_-S_
 __!__9__, 402 UoSo 363, 91 So Ct. 1400_ 28 LEd. 2d 822 (1971)f
 United States Vo B & H Distributin Cot., 403 U.So 924_ 91 So
 Ct. 2248, 29 Lo Ed_2d 705 (1971) o These two decisions were
 companion cases in which the Supreme Court held that the right of
 private possession in the privacy of one's home of contraband
 obscene movies neither gave a commercial operation the right to
 use the mails for delivery of obscene material nor an individual
 the right to import through customs in his own luggage
 thirty-seven photographs of nudes° Nonetheless_ the decision of
 the District Court indicates the willingness of members of the
 judiciary to apply the Ninth Amendment as the protector of
 individual rights.
 In the case of Manfredonia v. Barrvr 401 Fo Supp_ 762
 (E.DoNoY° 1975)r the court awarded damages to the plaintiffs
 arising out of the illegal arrest and jailing of the plaintiffs,
 a lecturer on birth control and an audience memberf who were
 charged with the misdemeanor of endangering the welfare of the
 audience member's child° The court held that the plaintiff
 audience member "was clearly exercising her parental right under

Previous , Next , Return to Index