Rabeck v. New York
391 U.S. 462 · Decided May 27, 1968 · 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
Rabeck v. New York was decided on May 27, 1968 by a vote of 8–1. 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. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 391 U.S. 462 · 88 S. Ct. 1716 · 20 L. Ed. 2d 741 · 1968 U.S. LEXIS 1555
- Docket number
- 796
- Decided
- May 27, 1968
- Court era
- Warren Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 8–1
- Opinion assigned by
- Earl Warren
- 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
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Special concurrence | |
| Justice William O. Douglas | Special concurrence | Wrote an opinion |
| Chief Justice Earl Warren | 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 Abe Fortas | Majority | |
| Justice Thurgood Marshall | Majority |
Full case caption
Rabeck v. New York
SCDB identifiers: case 1967-142, docket 1967-142-01.
Related decisions
Other cases on “Obscenity, state”
- Interstate Circuit, Inc. v. City of Dallas
- Lee Art Theatre, Inc. v. Virginia
- Henry v. Louisiana
- Ginsberg v. New York
- Interstate Circuit, Inc. v. City of DallasLaw held unconstitutional
- Felton v. City of Pensacola
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.
- Pickering v. Board of Education of Township High School District 205
- St. Amant v. Thompson
- Cameron v. Johnson
- Teitel Film Corp. v. CusackLaw held unconstitutional
- United Mine Workers of America v. Illinois State Bar Association
Same Term, same area (First Amendment)
- Associated Press v. Walker
- Potomac News Co. v. United States
- Conner v. City of Hammond
- Central Magazine Sales, Ltd. v. United States
- Beckley Newspapers Corp. v. Hanks
- Chance v. California
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