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05-18-1981 Justice Stewart, Dissenting, Potter Stewart

Flynt v. Ohio, 451 U.S. 619 (1981)

JUSTICE STEWART, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting.

05-18-1981 Justice White, Per Curiam, Byron R. White

Flynt v. Ohio, 451 U.S. 619 (1981)

On July 14, 1976, criminal complaints were issued against petitioners charging them with disseminating obscenity in violation of Ohio Rev. Code Ann. 2907.32. The Municipal Court granted petitioners' motions to dismiss the complaints on the ground that petitioners had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Courts of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory persecution. The case was remanded for trial. The Ohio Supreme Court affirmed. We granted certiorari. -U.S.- (1980). Because the decision of the Ohio Supreme …

05-18-1981 Justice Stevens, Dissenting, John Paul Stevens

Flynt v. Ohio, 451 U.S. 619 (1981)

JUSTICE STEVENS, dissenting.

04-15-1981 Justice Correspondence, Unknown

Flynt v. Ohio, 451 U.S. 619 (1981)

Justice White's opinion reaches the proper result in this case. It might have been better to discuss Abney v. United States, which holds that rejections of double jeopardy claims are immediately appealable in federal cases because the Clause
protects against being subjected to a trial. Abney relied in part on Harris v. Washington, 404 U.S. 55 (1971), which held that state court rejections of double jeopardy claims are "final'' within the meaning of 28 u.s.c. §1257. I think the opinion is O.K. as it is, however. It is possible that a dissent, if there is one, will rely upon Abney, …

04-15-1981 Justice White, Per Curiam, Byron R. White

Flynt v. Ohio, 451 U.S. 619 (1981)

On July 14. 1976, criminal complaints were issued against petitioners charging them with disseminating obscenity in violation of Ohio Rev. Code Ann. 2907.32. The Municipal Court granted petitioners' motions to dismiss the complaints on the ground that petitioners had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Court of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory prosecution. The case was remanded for trial. The Ohio Supreme Court affirmed. We granted certiorari. -U.S.- (1980). Because the decision of the Ohio Supreme …

04-15-1981 Correspondence From Rehnquist To White, William H. Rehnquist

Flynt v. Ohio, 451 U.S. 619 (1981)

Dear Byron:

Please join me in your Per Curiam.

03-27-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

The thoughts of all of the Justices are recorded.

03-24-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

Harry A. Blackmun's handwritten notes.

03-22-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

Harry A. Blackmun's handwritten notes from oral argument.