Marshall Et Al. v. Ohio; And Kensinger v. Ohio ( 1974 )

Appeals from Ct. App. Ohio, Hamilton County. Stays (Nos. A-1282 and A-1283) heretofore granted on July 9, 1974, by Mr. Justice Stewart are vacated. Appeals dismissed for want of substantial federal question. 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 (1957) (Douglas, J., dissenting); Miller v. California, 413 U. S. 15, 42-47 (1973) (Douglas, J., dissenting); Paris Adult Theatre I v. Slaton, 413 U. S. 49, 70-73 (1973) (Douglas, J., dissenting), would note probable jurisdiction and summarily reverse the judgments.