[Volokh] Eugene Volokh: Movie Day at the Supreme Court:
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Wed Jan 7 17:11:44 EST 2009
Posted by Eugene Volokh:
Movie Day at the Supreme Court:
http://volokh.com/archives/archive_2009_01_04-2009_01_10.shtml#1231366294
I was reminded recently of this remarkable story, from [1]Woodward &
Bernstein's excellent The Brethren. During the late 1960s and early
1970s, the Court's obscenity doctrine essentially called for
case-by-case Supreme Court decisionmaking about whether various films
were obscene. Those Justices who took this view therefore watched the
movies, together with the clerks. Here's one item that stuck in my
head:
During his later years, Harlan [who was by then nearly blind -EV]
watched the films from the first row, a few feet from the screen,
able only to make out the general outlines. His clerk or another
Justice would describe the action. "By Jove," Harlan would exclaim.
"Extraordinary."
References
1. http://books.google.com/books?id=6JtJ23GmD3AC&pg=PA239&lpg=PA239&dq=%22movie+day+was+the+humorous+highpoint%22&source=bl&ots=0GoI5OPbA7&sig=3bZQCWMt7up4dUR9Qh5OGv-FJ6U&hl=en&sa=X&oi=book_result&resnum=1&ct=result
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