John Marshall Harlan II

“ While agreeing with my Brother BRENNAN's opinion that the responsibilities of the Court in this area are no different from those which attend the adjudication of kindred constitutional questions, I have heretofore expressed the view that the States are constitutionally permitted greater latitude in determining what is bannable on the score of obscenity than is so with the Federal Government. ”

“ The application of any general constitutional tests must thus necessarily be pricked out on a case-by-case basis, but, as a point of departure, I would apply to the Federal Government the Roth standards as amplified in my opinion in Manual Enterprises, supra. ”