HOME > First Amendment Library > Case   Jacobellis v. Ohio (docket #: 11) (1964)  [Findlaw] Secondary Link Jacobellis v. Ohio  [Legal Information Institute] Argument Date 03/26/1963 Decided 6/22/1964 Supreme Court Vote 2-4-3 Note Justice Potter Stewart's expressed the difficulty of defining obscenity in this case: "I know it when I see it," he wrote. Supreme Court Ruling First Amendment claim upheld   Issue Whether the conviction of a manager of a movie theater for "possessing and exhibiting an allegedly obscene film" violated the free speech guarantee of the First Amendment. Majority Opinion Brennan, J. Concurring Opinion White, J.(concurring in judgment), Black, J. (joined by Douglas, J.), Stewart, J., & Douglas, J. Dissenting Opinion Warren, C.J. (joined by Clark, J.), & Harlan, J. Lower Court Ohio Supreme Court Lower Court Ruling First Amendment claim denied Lawyers For Petitioner Ephraim London For Respondent John T. Corrigan Briefs For Amicus Bernard A. Berkman, Jack G. Day and Melvin L. Wulf for the American and Ohio Civil Liberties Unions (for petitioner) Charles H. Keating, Jr. for Citizens for Decent Literature, Inc. (for respondent) Ruling - Lower Court 173 Ohio St. 22, 179 N. E. 2d 777 News "Court Voids Ban on 'Tropic' Book," The New York Times, June 23, 1964, p. 26 "Film Man Will Get Hearing Over Fine in Obscenity Case," The New York Times, Oct. 9, 1962, p. 18 Lewis, Anthony, "'Obscenity' Rule Argued in Court," The New York Times, March 27, 1963, p. 4 Other Dickson, Del, THE SUPREME COURT IN CONFERENCE 1940-1985 (2001), pp. 357-359 Monaghan, Henry, "First Amendment 'Due Process'," 83 Harv. L. Rev. 518 (1970)  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links