Petitioners were convicted of selling allegedly obscene publications in violation of the Illinois Obscenity Statute, Ill.Rev.Stat.1969, c. 38, Âś11-20, and the obscenity ordinance of the city of Moline, Illinois. The Illinois Supreme Court affirmed their convictions. 51 Ill. 2d 410, 282 N.E.2d 691 (1972). We granted the petition for certiorari and remanded the case for further consideration in light of Miller v. California, 413 U.S. 15, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973). 413 U.S. 912, 93 S. Ct. 3046, 37 L. Ed. 2d 1030 (1973). On remand, the Illinois Supreme Court again affirmed the convictions.
For the reasons stated in my dissent from the remand of this case, 413 U.S. 912, 93 S. Ct. 3046, 37 L. Ed. 2d 1030, and because the present judgment was rendered after Miller, I would grant the petition and reverse.
Mr. Justice DOUGLAS, being of the view that any state or federal ban on, or regulation of, obscenity is prohibited by the Constitution, Roth v. United States, 354 U.S. 476, 508-514, 77 S. Ct. 1304, 1 L. Ed. 2d 1498 (1957); Miller v. California, 413 U.S. 15, 42-47, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49, 70-73, 93 S. Ct. 2628, 37 L. Ed. 2d 446 (1973), would grant certiorari and summarily reverse.