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Supreme Court · Decisions

Schad et al. v. Borough of Mount Ephraim

452 U.S. 61 · No. 79-1640 · 1980 term · Burger Court

Decided Jun 1, 1981 · argued Feb 25, 1981

First Amendment · Obscenity, state

Struck down a local ordinance

Majority opinion: Byron White

The voteMajorityDissent

7–27 in the majority, 2 in dissent

2 dissents (7–2)

Reversed and remanded. Schad et al. won.

What this ruling means

Reversed and remanded: the Supreme Court overturned the decision of the New Jersey appellate court and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.

Schad et al. was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

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Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

Wikipedia has no article on this case, so there is no summary.

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

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How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 1980 term. Filled: the 7 in the majority. Hollow: the 2 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianMarshallBrennanStevensBlackmunWhiteStewartPowellBurgerRehnquist

Majority(7)

Dissent(2)

Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

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The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
Schad et al.Bookstore, newsstand, printer, bindery, purveyor or distributor of books or magazines
Respondent
Borough of Mount EphraimCity, town, township, village, or borough government or governmental unit (New Jersey)
Reached the Court by
Appeal (the Court was required to hear it)
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

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The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Provision
First Amendment (speech, press, and assembly)
Kind of law
Constitutional Amendment
Decided by
Judicial review (state level)
Struck down
A local ordinance, as unconstitutional
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

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Timeline

What happened at the Court and how the case got there, newest first.

  1. Jun 1, 1981DecidedDecided · Decided 7–2: reversed and remanded. Schad et al. won.
  2. Feb 25, 1981ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · Reached the Supreme Court on appeal, which the Court had to hear.
  4. Not datedCourt belowCourt below · Decided by the New Jersey appellate court: affirmed.
  5. Not datedBeganBegan · The case began in the New Jersey trial court.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

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Other decisions on the same issue

43 other argued cases since 1946 on obscenity, state, newest first.

  1. Free Speech Coalition v. PaxtonLandmark145 S. Ct. 2291Jun 27, 2025 · 145 S. Ct. 2291First Amendment6–36–3 band

  2. City of Littleton, Colorado v. Z. J. Gifts D-4, L. L. C., a Limited Liability Company, dba Christal's541 U.S. 774Jun 7, 2004 · 541 U.S. 774First Amendment9–0Unanimous band
  3. City of Los Angeles v. Alameda Books, Inc., et al.535 U.S. 425May 13, 2002 · 535 U.S. 425First Amendment5–45–4 band

  4. City of Erie, et al. v. Pap's A. M., Tdba 'Kandyland'Landmark529 U.S. 277Mar 29, 2000 · 529 U.S. 277First Amendment6–36–3 band

  5. Michael Barnes, Prosecuting Attorney of St. Joseph County, Indiana, et al. v. Glen Theatre, Inc., et al.Landmark · Freedom of speech and of the press501 U.S. 560Jun 21, 1991 · 501 U.S. 560First Amendment5–45–4 band

  6. Osborne v. Ohio495 U.S. 103Apr 18, 1990 · 495 U.S. 103First Amendment6–36–3 band

  7. Massachusetts v. Oakes491 U.S. 576Jun 21, 1989 · 491 U.S. 576First Amendment6–36–3 band
  8. Fort Wayne Books, Inc. v. Indiana et al.489 U.S. 46Feb 21, 1989 · 489 U.S. 46First Amendment9–0Unanimous band
  9. New York v. P.J. Video, Inc., dba Network Video, et al.475 U.S. 868Apr 22, 1986 · 475 U.S. 868First Amendment6–36–3 band
  10. City of Renton et al. v. Playtime Theatres, Inc., et al.475 U.S. 41Feb 25, 1986 · 475 U.S. 41First Amendment7–27–2 band

  11. Brockett v. Spokane Arcades, Inc., et al.472 U.S. 491Jun 19, 1985 · 472 U.S. 491First Amendment6–27–2 band

  12. New York v. FerberLandmark · Freedom of speech and of the press458 U.S. 747Jul 2, 1982 · 458 U.S. 747First Amendment9–0Unanimous band

  13. Flynt et al. v. Ohio451 U.S. 619May 18, 1981 · 451 U.S. 619First Amendment5–45–4 band
  14. Vance et al. v. Universal Amusement Co., Inc., et al.445 U.S. 308Mar 18, 1980 · 445 U.S. 308First Amendment5–45–4 band
  15. Ward v. Illinois431 U.S. 767Jun 9, 1977 · 431 U.S. 767First Amendment5–45–4 band
  16. Splawn v. California431 U.S. 595Jun 6, 1977 · 431 U.S. 595First Amendment5–45–4 band
  17. Young, Mayor of Detroit, et al. v. American Mini Theatres, Inc., et al.427 U.S. 50Jun 24, 1976 · 427 U.S. 50First Amendment5–45–4 band

  18. McKinney v. Alabama424 U.S. 669Mar 23, 1976 · 424 U.S. 669First Amendment8–0Unanimous band
  19. Erznoznik v. City of Jacksonville422 U.S. 205Jun 23, 1975 · 422 U.S. 205First Amendment6–36–3 band
  20. Jenkins v. Georgia418 U.S. 153Jun 24, 1974 · 418 U.S. 153First Amendment9–0Unanimous band

  21. Alexander et al. v. Virginia413 U.S. 836Jun 25, 1973 · 413 U.S. 836First Amendment5–45–4 band
  22. Roaden v. Kentucky413 U.S. 496Jun 25, 1973 · 413 U.S. 496First Amendment9–0Unanimous band
  23. Heller v. New York413 U.S. 483Jun 25, 1973 · 413 U.S. 483First Amendment5–45–4 band

  24. Kaplan v. California413 U.S. 115Jun 21, 1973 · 413 U.S. 115First Amendment5–45–4 band
  25. Paris Adult Theatre I et al. v. Slaton, District Attorney, et al.413 U.S. 49Jun 21, 1973 · 413 U.S. 49First Amendment5–45–4 band

  26. Miller v. CaliforniaLandmark · Freedom of speech and of the press413 U.S. 15Jun 21, 1973 · 413 U.S. 15First Amendment5–45–4 band
  27. California et al. v. Larue et al.409 U.S. 109Dec 5, 1972 · 409 U.S. 109First Amendment6–36–3 band
  28. Rabe v. Washington405 U.S. 313Mar 20, 1972 · 405 U.S. 313First Amendment9–0Unanimous band

  29. Grove Press, Inc., et al. v. Maryland State Board of Censors401 U.S. 480Mar 8, 1971 · 401 U.S. 480First Amendment4–45–4 band
  30. Stanley v. GeorgiaLandmark394 U.S. 557Apr 7, 1969 · 394 U.S. 557First Amendment9–0Unanimous band

  31. Interstate Circuit, Inc. v. City of Dallas390 U.S. 676Apr 22, 1968 · 390 U.S. 676First Amendment8–18–1 band
  32. Ginsberg v. New York390 U.S. 629Apr 22, 1968 · 390 U.S. 629First Amendment6–36–3 band

  33. Redrup v. New York386 U.S. 767May 8, 1967 · 386 U.S. 767First Amendment7–27–2 band

  34. Mishkin v. New York383 U.S. 502Mar 21, 1966 · 383 U.S. 502First Amendment6–36–3 band
  35. A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' et al. v. Attorney General of Massachusetts383 U.S. 413Mar 21, 1966 · 383 U.S. 413First Amendment6–36–3 band

  36. A Quantity of Copies of Books et al. v. Kansas378 U.S. 205Jun 22, 1964 · 378 U.S. 205First Amendment7–27–2 band

  37. Jacobellis v. Ohio378 U.S. 184Jun 22, 1964 · 378 U.S. 184First Amendment6–36–3 band
  38. Bantam Books, Inc., et al. v. Sullivan et al.372 U.S. 58Feb 18, 1963 · 372 U.S. 58First Amendment8–18–1 band

  39. Smith v. California361 U.S. 147Dec 14, 1959 · 361 U.S. 147First Amendment9–0Unanimous band
  40. Kingsley International Pictures Corp. v. Regents of the University of the State of New York360 U.S. 684Jun 29, 1959 · 360 U.S. 684First Amendment9–0Unanimous band
  41. Kingsley Books, Inc., et al. v. Brown, Corporation Counsel354 U.S. 436Jun 24, 1957 · 354 U.S. 436First Amendment5–45–4 band

  42. Butler v. Michigan352 U.S. 380Feb 25, 1957 · 352 U.S. 380First Amendment9–0Unanimous band

  43. Superior Films, Inc. v. Department of Education of Ohio, Division of Film Censorship, Hissong, Superintendent346 U.S. 587Jan 18, 1954 · 346 U.S. 587First Amendment9–0Unanimous band
Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

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Official record

Read the full opinion on Justia and the argument audio on Oyez. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.