United States v. Orito
413 U.S. 139 · Decided June 21, 1973 · 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
United States v. Orito was decided on June 21, 1973 by a vote of 5–4. The Court vacated the lower court's decision and remanded the case. Chief Justice Warren E. Burger wrote the opinion of the Court. SCDB classifies its main issue as “Obscenity, federal” in the First Amendment area.
Read the opinion
Case details
- Citations
- 413 U.S. 139 · 93 S. Ct. 2674 · 37 L. Ed. 2d 513 · 1973 U.S. LEXIS 41
- Docket number
- 70-69
- Decided
- June 21, 1973
- Argued
- January 19, 1972
- Reargued
- November 7, 1972
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Majority opinion
- Warren E. Burger
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- Obscenity, federal
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Dissent | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Majority | Wrote an opinion |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority |
Full case caption
United States v. Orito
SCDB identifiers: case 1972-162, docket 1972-162-01.
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- United States v. Reidel
- United States v. Thirty-Seven (37) Photographs (Luros
- Blount v. RizziLaw held unconstitutional
- Rowan v. United States Post Office Department
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Miller v. CaliforniaAltered precedent
- Paris Adult Theatre I v. Slaton
- Kaplan v. California
- Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations
- Heller v. New York
- United States Civil Service Commission v. National Association of Letter Carriers
Same Term, same area (First Amendment)
- California v. Larue
- Papish v. Board of Curators of the University of Missouri
- Lemon v. Kurtzman
- Columbia Broadcasting System, Inc. v. Democratic National Committee
- Miller v. CaliforniaAltered precedent
- Paris Adult Theatre I v. Slaton
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