Legal Opinion
Pierce v. State
Supreme Court of Alabama
Decided May 9, 1974No. SC 483PublishedCited by 34 opinions
1Opinion of the Court
HEFLIN, Chief Justice.
The major holdings of this case are as follows:
1. The tests set forth in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed. 2d 419 (1973) are engrafted by judicial construction to the 1961 Alabama obscenity statute.
2. With the Miller engraftments the 1961 Alabama obscenity statute is constitutional as applied in the context of the instant case.
3. Contemporary community standards referred to in Miller are statewide standards in Alabama.
This case is before this court on a Writ of Certiorari to the Court of Criminal Appeals. Petitioner Pierce was charged with…
2Cases cited29 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Jacobellis v. OhioSupreme Court of the United States · 1964
- Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
24 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Jacobs v. StateSupreme Court of Alabama · 1978
- Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
- General Corp. v. State Ex Rel. SweetonSupreme Court of Alabama · 1975
- Inmon v. StateCourt of Criminal Appeals of Alabama · 1991
- Mangum v. Maryland State Board of CensorsCourt of Appeals of Maryland · 1974
29 more not listed; retrieve them via the Exa API.