U.S. Supreme Court Bloss v. Dykema, 398 U.S. 278 (1970)
Bloss v. Dykema
Decided June 1, 1970
398 U.S. 278
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME
COURT OF MICHIGAN
Certiorari granted; judgment of the Michigan Court of Appeals, 17 Mich.App. 318, 169 N.W.2d 367, reversed.
The petition for a writ of certiorari is granted, and the judgment of the Michigan Court of Appeals is reversed. Redrup v. New York, 386 U. S. 767 .
THE CHIEF JUSTICE and MR. JUSTICE WHITE are of the opinion that certiorari should be denied.
MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.
MR. JUSTICE HARLAN, dissenting.
I would affirm the judgment of the Michigan Court of Appeals upon principles heretofore often expressed by me.
my opinions in
Roth v. United States,
354 U. S. 476
354 U. S. 496
Jacobellis v. Ohio,
378 U. S. 184
378 U. S. 203
Memoirs v. Massachusetts,
383 U. S. 413
383 U. S. 455
(1966). From the standpoint of what I regard as the permissible exercise of state power in this field, the materials in this case fall far short of the "borderline" movie involved in
Cain v. Kentucky
397 U. S. 319
my dissent in that case, and I am at a loss to understand how these materials can be deemed to qualify for
treatment when, only a short time ago, the Court declined to accord that treatment to the materials involved in
Spicer v. New York, cert. denied,
397 U.S. 1042.