Carey v. Population Services International

RESPONDENT: Population Services International
LOCATION: City of Philadelphia

DOCKET NO.: 75-443
DECIDED BY: Burger Court (1975-1981)

CITATION: 431 US 678 (1977)
ARGUED: Jan 10, 1977
DECIDED: Jun 09, 1977

Arlene R. Silverman - for appellants
Michael N. Pollet - for appellees

Facts of the case


Media for Carey v. Population Services International

Audio Transcription for Oral Argument - January 10, 1977 in Carey v. Population Services International

Audio Transcription for Opinion Announcement - June 09, 1977 in Carey v. Population Services International

Warren E. Burger:

The disposition of 75-443 Carey and others against Population Services International will be announced by Mr. Justice Brennan.

William J. Brennan, Jr.:

In this case, a three-judge district court of the Southern District in New York held unconstitutional in its entirety Section 68 (11) of the New York Education Law.

That statute makes the crime, first, for any person to sell or distribute any contraceptive of any kind to a minor under 16, second, for anyone other than a licensed pharmacist to distribute contraceptives to persons over 16, and three, for anyone including licensed pharmacists to advertise or display contraceptives.

We affirm the judgment of the District Court invalidating that statute in its entirety.

The opinion filed today has five parts, four of which is joined only by Justices, Stewart, Marshall, Blackmun and me.

Mr Justice White, Mr. Justice Powell and Mr. Justice Stevens had each filed an opinion concurring with one or more parts of the opinion and in the result as to the remaining parts.

The Chief Justice dissents.

Mr. Justice Rehnquist also dissents and has filed a dissenting opinion.

Warren E. Burger:

Thank you Mr. Justice Brennan.