Bantam Books, Inc. v. Sullivan
372 U.S. 58 · Decided February 18, 1963 · 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
Bantam Books, Inc. v. Sullivan was decided on February 18, 1963 by a vote of 8–1. The Court reversed the lower court's decision and remanded the case. Justice William J. Brennan Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Obscenity, state” in the First Amendment area.
Read the opinion
Case details
- Citations
- 372 U.S. 58 · 83 S. Ct. 631 · 9 L. Ed. 2d 584 · 1963 U.S. LEXIS 2094
- Docket number
- 118
- Decided
- February 18, 1963
- Argued
- December 3, 1962
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 8–1
- Majority opinion
- William J. Brennan Jr.
- 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
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice William O. Douglas | Concurrence | Wrote an opinion |
| Justice Tom C. Clark | 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 | Wrote an opinion |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Arthur J. Goldberg | Majority |
Full case caption
Bantam Books, Inc., et al. v. Sullivan et al.
SCDB identifiers: case 1962-045, docket 1962-045-01.
Related decisions
Other cases on “Obscenity, state”
- Jacobellis v. Ohio
- A Quantity of Copies of Books v. KansasLaw held unconstitutional
- Tralins v. Gerstein
- Grove Press, Inc. v. Gerstein
- A Book Named 'john Cleland's Memoirs of a Woman of Pleasure' v. Attorney General of Massachusetts
- Mishkin v. New York
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Edwards v. South Carolina
- National Association for the Advancement of Colored People v. ButtonLaw held unconstitutional
- Wood v. Georgia
- New York Times Co. v. SullivanLaw held unconstitutional
- Garrison v. LouisianaLaw held unconstitutional
- Cox v. LouisianaLaw held unconstitutional
Same Term, same area (First Amendment)
- Arlan's Department Store of Louisville, Inc. v. Kentucky
- National Association for the Advancement of Colored People v. ButtonLaw held unconstitutional
- Edwards v. South Carolina
- Fields v. South Carolina
- Gibson v. Florida Legislative Investigation Committee
- Wheeldin v. Wheeler
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