BYRNE v. KARALEXIS

No. 83.

401 U.S. 216 (1971)

91 S.Ct. 777

27 L.Ed.2d 792

BYRNE, DISTRICT ATTORNEY OF SUFFOLK COUNTY, ET AL. v. KARALEXIS ET AL.

Supreme Court of United States.

Decided February 23, 1971

Reargued November 17, 1970


Attorney(s) appearing for the Case

Robert H. Quinn, Attorney General of Massachusetts, pro se, reargued the cause for appellants. With him on the brief were Joseph J. Hurley, First Assistant Attorney General, John J. Irwin, Jr., Ruth I. Abrams, and Lawrence P. Cohen, Assistant Attorneys General, Garrett H. Byrne, pro se, and Theodore A. Glynn, Jr.

Nathan Lewin and Alan M. Dershowitz argued the cause for appellees on the reargument. Edward de Grazia and Mr. Lewin argued the cause for appellees on the original argument. With them on the brief was Herbert S. Swartz.

Peter L. Strauss argued the cause for the United States on the reargument as amicus curiae urging reversal. Francis X. Beytagh, Jr., argued the cause for the United States on the original argument. With them on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Jerome M. Feit, and Roger A. Pauley.

Briefs of amici curiae urging affirmance were filed by Stanley Fleishman and Sam Rosenwein for National General Corp. et al., and by Thomas R. Asher, Michael Schneiderman, and Melvin L. Wulf for the American Civil Liberties Union et al.


PER CURIAM.

This is an appeal from the order of a three-judge court granting a preliminary injunction against any civil or criminal proceedings in state courts against the appellees. Appellant Byrne is the district attorney of Suffolk County, Massachusetts. The appellees own and operate a motion picture theater in Boston. As a result of exhibiting the film entitled "I am Curious (Yellow)" at their theater, appellees were charged by District Attorney Byrne with violating...

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