norml21 - Page 38
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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
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