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ALEXANDER v. UNITED STATES

Docket No.: 91-1526
Argued: January 12, 1993
Decided: June 28, 1993

Topics:

Prohibition of Excessive Fines, Criminal Procedure, First Amendment, Cruel and Unusual Punishment, Obscenity, Cruel and Unusual Punishments Clause, Eighth Amendment, First Amendment, Fourth Amendment, Freedom of Speech, Obscenity, RICO, Racketeer Influenced and Corrupt Organizations Act, probable cause, retaliation

PartyNames: Syllabus ALEXANDER v. UNITED STATES
Petitioner: Syllabus Alexander
Respondent: United States

Citation: 943 F. 2d 825
Lower Court Decision
Supreme Court Docket

Syllabus Alexander
v.
United States
509 U.S. 544 (1993)
Other Citations: (113 S.Ct. 2766, 125 L.Ed.2d 441)
Question:

Does property forfeiture under RICO as punishment for the distribution of obscene materials constitute 'prior restraint' on speech in violation of the First Amendment? Does the forfeiture of a business as punishment for the sale of obscene media constitute an 'excessive fine'?

ALEXANDER v. UNITED STATES
ORAL ARGUMENT

January 12, 1993

Holding: vacated and remanded
Decision: Decision: 5 votes for United States, 4 vote(s) against
Vote: 5-4
Majority: Chief Justice Roberts Rehnquist,White,O'Connor,Scalia,Thomas
Concurring: Souter
Dissenting: Souter,Kennedy,Blackmun,Stevens

ALEXANDER v. UNITED STATES
Case Documents

1Opinion in ALEXANDER v. UNITED STATES
2Opinion in ALEXANDER v. UNITED STATES
Additional documents for this case are pending review.