Decision
The MANual Enterprises Court was significantly divided. Since the 1957 decision in Roth v. United States, 354 U.S. 476 (1957), the Court had struggled to define and refine its approach to obscenity. The widely divergent opinions in MANual Enterprises may reflect those divisions.
The majority opinion was written by Justice John Marshall Harlan II, and joined by Justice Potter Stewart. Justice Hugo Black, who took an absolutist approach to First Amendment jurisprudence, concurred in the result but did not join the opinion. Justice Black did not issue an opinion of his own.
Justice William Brennan, joined by Chief Justice Earl Warren and Justice William O. Douglas, concurred but would have decided the case on much narrower technical rather than First Amendment grounds.
Only Justice Tom C. Clark dissented.
Read more about this topic: MANual Enterprises V. Day
Famous quotes containing the word decision:
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—Anna Quindlen (20th century)
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—Friedrich Nietzsche (1844–1900)
“How could a man be satisfied with a decision between such alternatives and under such circumstances? No more than he can be satisfied with his hat, which he’s chosen from among such shapes as the resources of the age offer him, wearing it at best with a resignation which is chiefly supported by comparison.”
—George Eliot [Mary Ann (or Marian)