Massachusetts v. Oakes
Significance, Overbroad Or Not?, Creating A "chilling Effect", Dissension In The Court, Further Readings
Petitioner
State of Massachusetts
Respondent
Douglas Oakes
Petitioner's Claim
That the conviction of Oakes, who took photographs of his partially nude stepdaughter, should be upheld under a Massachusetts law prohibiting adults from "posing or exhibiting nude minors for purposes of visual representation or reproduction in any book, magazine, pamphlet, motion picture, photograph, or picture."
Chief Lawyer for Petitioner
James M. Shannon, Massachusetts Attorney General
Chief Lawyer for Respondent
Richard J. Vita
Justices for the Court
Harry A. Blackmun, Anthony M. Kennedy, Sandra Day O'Connor (writing for the Court), William H. Rehnquist, Antonin Scalia, Byron R. White
Justices Dissenting
William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
Place
Washington, D.C.
Date of Decision
21 June 1989
Decision
The Court send Oakes's case back to a lower court to determine if his conviction should be upheld under the original statute.
Related Cases
- Ginsberg v. New York, 390 U.S. 629 (1968).
- Broadrick v. Oklahoma, 413 U.S. 601 (1973).
- Bigelow v. Virginia, 421 U.S. 809 (1975).
- New York v. Ferber, 458 U.S. 747 (1982).
Additional topics
- Masson v. Malcolm et al.: 1993 1994 - Back And Forth In The Courts, Final Decision, Suggestions For Further Reading
- Maryland v. Craig - Significance, Court Overrides Plain Language Of The Sixth Amendment, Further Readings
- Massachusetts v. Oakes - Further Readings
- Massachusetts v. Oakes - Significance
- Massachusetts v. Oakes - Overbroad Or Not?
- Massachusetts v. Oakes - Creating A "chilling Effect"
- Massachusetts v. Oakes - Dissension In The Court
- Other Free Encyclopedias
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1989 to 1994