Hamling v. United States
418 U.S. 87 · Decided June 24, 1974 · 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
Hamling v. United States was decided on June 24, 1974 by a vote of 5–4. The Court affirmed the lower court's decision. Justice William H. Rehnquist wrote the opinion of the Court. SCDB classifies its main issue as “Obscenity, federal” in the First Amendment area.
Read the opinion
Case details
- Citations
- 418 U.S. 87 · 94 S. Ct. 2887 · 41 L. Ed. 2d 590 · 1974 U.S. LEXIS 16
- Docket number
- 73-507
- Decided
- June 24, 1974
- Argued
- April 15, 1974
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–4
- Majority opinion
- William H. Rehnquist
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Obscenity, federal
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Dissent | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority | Wrote an opinion |
Full case caption
Hamling et al. v. United States
SCDB identifiers: case 1973-155, docket 1973-155-01.
Related decisions
Other cases on “Obscenity, federal”
- United States v. 12 200-ft. Reels of Super 8mm. Film (Paladini
- United States v. Orito
- Marks v. United States
- Smith v. United States
- United States v. Reidel
- United States v. Thirty-Seven (37) Photographs (Luros
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Pell v. Procunier
- Saxbe v. Washington Post Co.
- Jenkins v. Georgia
- Miami Herald Publishing Co. v. TornilloLaw held unconstitutional
- Old Dominion Branch No. 496 v. Austin
- Lehman v. City of Shaker Heights
Same Term, same area (First Amendment)
- Plummer v. City of ColumbusLaw held unconstitutional
- Norwell v. City of Cincinnati
- Musser v. United States
- Hess v. Indiana
- Communist Party of Indiana v. WhitcombLaw held unconstitutional
- Lewis v. City of New OrleansLaw held unconstitutional
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