Byrne v. Karalexis (401 U.S. 216)

Appellees, indicted for violating the Massachusetts obscenity law as a result of exhibiting the film, "I am Curious (Yellow)," brought this action in the federal district court for an injunction against the enforcement of the statute and for a declaration of its unconstitutionality. A three-judge District Court, holding that appellees might be irreparably injured if unable to show the film, granted injunctive relief.

Held: The District Court made no finding that the threat to appellees' federally protected rights "[could] not be eliminated by [their] defense against a single criminal prosecution," to meet the great and immediate irreparable injury requirement of Younger v. Harris, ante, p. 37, at 46, before a federal injunction of state criminal proceedings can properly issue. The judgment is therefore vacated and the case remanded for reconsideration in the light of Younger, supra, and Samuels v. Mackell, ante, p. 66.

306 F. Supp. 1363, vacated and remanded.

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 Levin 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.