Jump to content

Erlenbaugh v. United States

From Wikisource
Erlenbaugh v. United States (1972)
Syllabus
4686988Erlenbaugh v. United States — Syllabus1972
Court Documents

Supreme Court of the United States

409 U.S. 239

Erlenbaugh et al.  v.  United States

Certiorari to the United States Court of Appeals for the Seventh Circuit

No. 71-839.  Argued: November 13, 1972 --- Decided: December 12, 1972

Causing a publication to be carried by a facility of interstate commerce with an intent to facilitate the operation of an illegal gambling business is a violation of 18 U.S.C. § 1952. The exception for "any newspaper or similar publication" contained in 18 U.S.C. § 1953, which prohibits the interstate shipment of certain gambling paraphernalia, was not intended to be read into § 1952. Pp. 242-248.

452 F.2d 967, affirmed.


MARSHALL, J., delivered the opinion of the Court, in which all Members joined except WHITE, J., who took no part in the decision of the case.


Charles W. Grubb argued the cause and filed a brief for petitioners.

Allan A. Tuttle argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Petersen, and Roger A. Pauley.