Cain v. Kentucky
397 U.S. 319 · Decided March 23, 1970 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Cain v. Kentucky was decided on March 23, 1970 by a vote of 6–2. The Court reversed the lower court's decision. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Obscenity, state” in the First Amendment area.
Read the opinion
Case details
- Citations
- 397 U.S. 319 · 90 S. Ct. 1110 · 25 L. Ed. 2d 334 · 1970 U.S. LEXIS 2453
- Docket number
- 347
- Decided
- March 23, 1970
- Court era
- Burger Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–2
- Opinion assigned by
- Hugo L. Black
- How the case arrived
- Appeal
- Issue (SCDB)
- Obscenity, state
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice William O. Douglas | Majority | |
| Justice John M. Harlan II | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Dissent | Wrote an opinion |
Full case caption
Cain et al. v. Kentucky
SCDB identifiers: case 1969-066, docket 1969-066-01.
Related decisions
Other cases on “Obscenity, state”
- Bloss v. Dykema
- Walker v. Ohio
- Hoyt v. Minnesota
- Carlos v. New York
- Stanley v. GeorgiaLaw held unconstitutional
- Grove Press, Inc. v. Maryland State Board of Censors
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Bachellar v. Maryland
- Rowan v. United States Post Office Department
- Greenbelt Cooperative Publishing Assn., Inc. v. Bresler
- Red Lion Broadcasting Co., Inc. v. Federal Communications Commission
- Brandenburg v. OhioAltered precedentLaw held unconstitutional
- Street v. New YorkLaw held unconstitutional
Same Term, same area (First Amendment)
- Bryson v. United States
- Carlos v. New York
- Cowgill v. California
- Jones v. State Board of Education of Tennessee
- Cole v. Richardson
- Bachellar v. Maryland
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error