Carey v. Population Services International
1977 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Carey v. Population Services International, 431 U.S. 678 (1977), was a landmark decision of the U.S. Supreme Court in which the Court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives.
Carey v. Population Services International | |
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Argued January 10, 1977 Decided June 9, 1977 | |
Full case name | Hugh Carey, etc., et al. v. Population Services International, et al. |
Citations | 431 U.S. 678 (more) 97 S. Ct. 2010; 52 L. Ed. 2d 675 |
Case history | |
Prior | Population Servs. Intl. v. Wilson, 398 F. Supp. 321 (S.D.N.Y. 1975); probable jurisdiction noted, 426 U.S. 918 (1976). |
Holding | |
The advertising restrictions contained in the Educations Laws in New York violated the First and Fourteenth Amendments. | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Stewart, Marshall, Blackmun, Stevens (Parts I, II, III, V); White (Parts I, III, V); Powell (Part I) |
Plurality | Brennan, joined by Stewart, Marshall, Blackmun (Part IV) |
Concurrence | White |
Concurrence | Powell |
Concurrence | Stevens |
Dissent | Burger |
Dissent | Rehnquist |
Laws applied | |
U.S. Const. amends. I, XIV |
The Court held that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution does not allow a state to intrude on an individual's decisions on matters of procreation which is protected as privacy rights.