fort wayne books indiana argued october decided february state indiana local prosecutor respondents filed civil action state petitioner operator adult bookstore alleging violated state racketeer influenced corrupt organizations rico statute engaging pattern racketeering activity consisting repeated violations state laws barring distribution obscene books films respondents sought injunctive relief state civil remedies racketeering activity crra statute including forfeiture petitioner property used alleged racketeering activity moved separate petition order immediate seizure property subject forfeiture authorized statute ex parte heard testimony support petition ordered immediate seizure petitioner bookstore contents following petitioner unsuccessful attempts vacate seizure order federal constitutional grounds certified constitutional issues indiana appeals held relevant provisions violated federal constitution indiana reversed upholding constitutionality crra statute pretrial seizure petitioner adult bookstore operator charged distributing obscene matter violation indiana statute misdemeanor addition rico violations felonies based alleged predicate acts obscenity trial dismissed rico charges ground rico statute unconstitutionally vague applied obscenity predicate offenses indiana appeals reversed reinstated charges holding rico statute unconstitutional applied state obscenity statute indiana declined review held jurisdiction hear general rule defining finality context criminal prosecution judgment conviction imposition sentence usually conclude since neither conviction sentence present judgment final hence reviewable limits review inal judgments decrees case merits review exception general finality rule recognized cox broadcasting cohn federal issue finally decided state courts proceedings pending party seeking review might prevail merits nonfederal grounds thus rendering unnecessary review federal issue reversal state federal issue preclusive litigation relevant cause action petitioner well prevail nonfederal grounds subsequent trial reversal indiana appeals holding bar prosecution rico charges moreover case clearly involves first amendment challenge indiana rico statute facial validity adjudicating proper scope first amendment protection federal policy merits application exception general finality rule resolution important issue possible limits first amendment places state federal efforts control organized crime remain doubt flynt ohio distinguished pp constitutional bar state inclusion substantive obscenity violations among predicate offenses rico statute pp rico statute unconstitutionally vague applied obscenity predicate offenses racketeering activities statute forbids pattern multiple violations certain substantive crimes distributing obscenity one given rico statute totally encompasses obscenity law latter unconstitutionally vague former vague either petitioner convicted violating rico statute without first found guilty distributing attempting conspiring distribute obscene materials argue petitioner inherent vagueness obscenity standards established miller california root objection rico prosecution based predicate acts obscenity nothing less invitation overturn miller invitation rejects punishments available rico prosecution different obscenity violations render rico statute void vagueness pp rico punishments greater obscenity violations constitutionally significant difference stiffer rico punishments may provide additional deterrent might otherwise sell obscene materials may result booksellers practicing removing first amendment protected materials shelves deterrence sale obscene materials legitimate end state obscenity laws mere assertion possible resulting statute enough render antiobscenity law unconstitutional petitioner contention civil sanctions available crra rico violations severe render rico statute unconstitutional ripe since state sought civil penalties pp constitutional basis petitioner contention alleged predicate acts used prosecution must affirmed convictions long standard proof proper respect elements rico allegation including proof beyond reasonable doubt requisite number constitutionally proscribable predicate acts relevant constitutional requirements met require state fire warning shot form misdemeanor prosecutions may bring felony charges distributing obscene materials merit petitioner contention predicate offenses charged must occurred jurisdiction rico indictment brought petitioner alleged predicate acts distributing obscenity take place jurisdiction rico prosecution initiated significantly rule essentially turn rico statute head pp merit petitioner contention provided prompt postarrest adversarial hearing question obscenity materials allegedly distributed request hearing seizure books films police officers purchases items connection investigation petitioner stores trigger constitutional concern pretrial seizure petitioner bookstore contents improper single copy book film may seized retained evidentiary purposes based finding probable cause books films may taken circulation completely determination obscenity adversary hearing risk prior restraint underlying basis special fourth amendment protection accorded searches seizures first amendment materials renders invalid pretrial seizure even assuming petitioner bookstore contents forfeitable proved used derived pattern violations state obscenity laws seizure unconstitutional probable cause believe valid grounds seizure insufficient interrupt sale presumptively protected books films determination seized items obscene rico violation occurred petition seizure hearing thereon aimed establishing probable cause believe rico violation occurred seizure order recited probable cause respect mere probable cause believe violation transpired adequate remove books film circulation elements rico violation predicate crimes remain established case claimed rico violation pattern racketeering established rebutting presumption expressive materials protected first amendment presumption rebutted claimed justification seizing materials properly established adversary proceeding pp white delivered opinion part rehnquist brennan blackmun stevens scalia kennedy joined part rehnquist brennan stevens scalia kennedy joined parts rehnquist blackmun scalia kennedy joined part iii rehnquist brennan blackmun scalia kennedy joined blackmun filed opinion concurring part concurring judgment post filed opinion concurring part dissenting part post stevens filed opinion dissenting concurring part dissenting part brennan marshall joined post together sappenfield et al indiana certiorari appeals indiana john weston argued cause petitioners cases briefs petitioner fort wayne books david brown randall garrou lee klein richard kammen filed briefs petitioners sappenfield et al stephen goldsmith pro se argued cause respondents cases filed brief linley pearson attorney general indiana william daily deputy attorney general filed brief respondents state indiana et fn briefs amici curiae urging reversal filed american booksellers association et al michael bamberger jonathan piper american civil liberties union et al marvin frankel jeffrey trachtman john powell steven shapiro richard waples phe bruce ennis david ogden video software dealers association charles ruttenberg theodore frank briefs amici curiae urging affirmance filed solicitor general fried acting assistant attorney general dennis deputy solicitor general bryson michael kellogg robert corbin attorney general arizona corbin pro se bruce taylor tom collins county attorney county maricopa arizona benjamin bull morality media john walsh paul mcgeady james clancy et al clancy pro se briefs amici curiae filed spartacist league et al rachel wolkenstein national district attorneys association robert blakey justice white delivered opinion fn us two decisions indiana courts involving application state racketeer influenced corrupt organizations rico civil remedies racketeering activity crra acts cases involving bookstores containing allegedly obscene materials two causes us arise wholly unrelated incidents petitioner fort wayne books two corporations operated adult bookstore fort wayne indiana march state indiana local prosecutor respondents filed civil action three corporations certain employees alleging defendants engaged pattern racketeering activity repeatedly violating state laws barring distribution obscene books films thereby violating state rico law complaint recited criminal convictions selling obscene publications three stores app also alleged currently obscene materials available sale stores proceeds sales obscene materials alleged used operate maintain bookstores respondents sought civil injunctive relief bar racketeering violations invoking state crra statute ind code et seq among remedies requested complaint forfeiture fort wayne books property real personal used course intended use course derived realized petitioner racketeering activity app forfeiture authorized crra statute ind code respondents also moved separate verified petition seizure property subject forfeiture particular judicial order subject consideration specifically respondents asked allen county circuit immediately seize property subject forfeiture set forth crra complaint app pretrial seizures authorized ind code empowers prosecutors bringing crra actions move immediate seizure property subject forfeiture permits courts issue seizure orders upon showing probable cause believe violation state rico law involving property question occurred seizure petition supported affidavit executed local police officer recounting criminal convictions involving defendants describing various books films available sale petitioner bookstores believed affiant obscene alleging conspiracy among several petitioner employees officers previous convictions obscenity offenses app trial ex parte heard testimony support petition supporting exhibits day entered order finding probable cause existed conclude fort wayne books violating state rico law directing immediate seizure real estate publications personal property comprising three bookstores operated corporate defendants order authorized county sheriff padlock stores done days later contents stores hauled away law enforcement officials trial date crra complaint ever set following march seizure bookstores fort wayne books sought vacate ex parte seizure order adversarial hearing motion vacate order based federal constitutional grounds failed yield relief efforts obtain measure relief also failed trial however certify constitutional issues indiana appeals june held relevant provisions violative constitution goldsmith ind indiana reversed upholding constitutionality crra statute general proposition pretrial seizure fort wayne books store specific matter goldsmith granted fort wayne petition certiorari purpose considering substantial constitutional issues raised pretrial seizure investigation adult bookstores howard county indiana led prosecutors april charge petitioner sappenfield six counts distribution obscene matter violation ind code addition employing amendments indiana rico statute discussed prosecutors used alleged predicate acts obscenity basis filing two charges rico violations petitioner app obscenity charges class misdemeanors indiana law racketeering offenses class felonies trial dismissed two rico counts ground rico statute unconstitutionally vague applied obscenity predicate offenses indiana appeals reversed reinstated charges petitioner relying indiana opinion review goldsmith supra appeals held indiana rico statute unconstitutional applied state obscenity statute indiana declined review holding indiana appeals granted certiorari consolidated case consider common separate issues presented cases ii since involves challenges constitutionality indiana rico statute deal first noted petitioner charged six substantive obscenity violations two rico offenses app petitioner challenged latter charges raising objection obscenity indictments makes claim constitution bars criminal prosecution distributing obscene materials rather petitioner claim certain particulars indiana rico law render prosecution petitioner statute unconstitutional petitioner advances several specific attacks rico statute address merits petitioner claims must first consider jurisdiction hear case relevant statute limits review inal judgments decrees state courts general rule finality context criminal prosecution defined judgment conviction imposition sentence see parr berman since neither present usually conclude judgment final hence unreviewable however exceptions general rule see cox broadcasting cohn cox identified four categories cases judgment final even though proceedings pending state courts case fits within fourth category cases described cox federal issue finally decided state courts proceedings pending party seeking review might prevail merits nonfederal grounds thus rendering unnecessary review federal issue reversal state federal issue preclusive litigation relevant cause action state proceedings still come circumstances refusal immediately review decision might seriously erode federal policy entertained decided federal issue finally determined state courts purposes state litigation adjudicating proper scope first amendment protections often recognized federal policy merits application exception general finality rule see national socialist party america skokie per curiam miami herald publishing tornillo petitioner challenge constitutionality use rico statutes criminalize patterns obscenity offenses calls question legitimacy law enforcement practices several well federal government resolution important issue possible limits first amendment places state federal efforts control organized crime remain doubt whichever way decide merits intolerable leave unanswered circumstances important question freedom press first amendment uneasy unsettled constitutional posture state statute question harm operation free press tornillo supra justice contends contrary result counseled decision flynt ohio per curiam post understood question presented review flynt whether record decision prosecute petitioners selective discriminatory violation equal protection clause flynt supra emphasis added claim us flynt first amendment claim rather equal protection claim albeit one context trial raising first amendment issues result cox fourth exception held inapplicable case though dissenters flynt disagreed premise holding contended case first amendment dispute demanded immediate attention cox fourth exception see stewart dissenting stevens dissenting fact member concluded flynt justice today important first amendment claim us refuse invoke cox fourth exception hold authority address issue consequently conclude case clearly involves first amendment challenge facial validity indiana rico statute merits review fourth exception recognized cox finality rule petitioner broadest contention constitution forbids use obscenity violations predicate acts rico conviction petitioner argument regard twofold first indiana rico law applied enterprise allegedly distributed obscene materials unconstitutionally vague second potential punishments available rico law severe statute lacks necessary sensitivity first amendment rights brief petitioner consider arguments turn racketeering activities forbidden indiana rico law pattern multiple violations certain substantive crimes distributing obscenity ind code one ind code thus rico statute issue wholly incorporates state obscenity law reference petitioner argues inherent vagueness standards established miller california root objection rico prosecution based predicate acts obscenity brief petitioner pp yet nothing less invitation overturn miller invitation reject note indiana obscenity statute ind code et seq closely tailored conform miller standards cf sedelbauer state ind cert denied moreover petitioner motion dismiss rico charges trial rested alleged vagueness statute alleged defect underlying obscenity law see app find merit petitioner claim indiana rico law unconstitutionally vague applied obscenity predicate offenses given rico statute totally encompasses obscenity law latter unconstitutionally vague former vague either petitioner forthcoming trial prosecution prove beyond reasonable doubt element alleged rico offense including allegation petitioner violated attempted conspired violate indiana obscenity law cf ind code thus petitioner convicted violating rico law without first found guilty two counts distributing attempting conspiring distribute obscene materials true petitioner argues brief petitioner pp punishments available rico prosecution different obscenity violations fail see difference renders rico statute void vagueness petitioner next contention rests difference sanctions imposed obscenity law violators imposed convicted racketeers sanctions imposed rico violators draconian improper chilling effect first amendment freedoms petitioner contends see use heavy artillery war crime obscenity improper petitioner argues therefore obscenity offenses permitted used predicate acts rico purposes true criminal penalties rico violation indiana law class felony severe authorized obscenity offense class misdemeanor specifically petitioner found guilty two rico counts faces maximum sentence years prison fine petitioner convicted instead six predicate obscenity offenses charged indictments maximum punishment face six years jail fines compare ind code ind code rico punishment obviously greater obscenity violations perceive constitutionally significant difference two potential punishments indeed indiana rico provisions respect function quite similarly enhanced sentencing scheme multiple obscenity violations limit state resorting various weapons armory law kingsley books brown may true stiffer rico penalties provide additional deterrent might otherwise sell obscene materials perhaps means petitioner suggests brief petitioner pp cautious booksellers practice remove first amendment protected materials shelves deterrence sale obscene materials legitimate end state antiobscenity laws cases long recognized practical reality form criminal obscenity statute applicable bookseller induce tendency inhibitory effect dissemination material obscene smith california cf also arcara cloud books mere assertion possible resulting statute enough render antiobscenity law unconstitutional precedents petitioner raises question whether civil sanctions available rico violations crra statute severe render rico statute unconstitutional see brief petitioner pp however contention ripe since state sought civil penalties case claims reviewed remedies enforced petitioner consequently find constitutional bar state inclusion substantive obscenity violations among predicate offenses rico statute finally petitioner advances two narrower objections application indiana rico statute prosecutions first petitioner contends even statute constitutional face first amendment requires predicate obscenity offenses must affirmed convictions successive dates jurisdiction rico charge brought find constitutional basis claim alleged predicate acts used prosecution must affirmed convictions rejected like contention albeit dicta considering case federal rico statute see sedima imrex see reason different rule alleged predicate acts obscenity long standard proof proper one respect elements rico allegation including proof beyond reasonable doubt requisite number constitutionally proscribable predicate acts relevant constitutional requirements met analogy suggested amicus brief apt never required state fire warning shots form misdemeanor prosecutions may bring felony charges distributing obscene materials brief amicus curiae likewise decline impose warning shot requirement second aspect claim predicate offenses charged must occurred jurisdiction rico indictment brought also lacks merit contention must rejected case reason fact petitioner alleged predicate acts distributing obscenity take place jurisdiction howard county rico prosecution initiated petitioner lacks standing advance claim facts see app significantly petitioner suggestion fails rule essentially turn rico statute head barring rico prosecutions large national enterprises commit single predicate offenses numerous jurisdictions example course petitioner correct argues community standards may vary jurisdiction jurisdiction different predicate obscenity offenses allegedly committed long example previous obscenity conviction measured appropriate community standard see reason rico prosecution alleging pattern violations may take place jurisdiction two offenses occurred cf smith second petitioner contends provided prompt adversarial hearing shortly arrest question obscenity materials allegedly distributed brief petitioner pp contention lacks merit several reasons first appear petitioner requested hearing see app second unlike case seizure books films owned petitioner expressive materials seized howard county officials case items purchased police officers connection investigation petitioner stores see previously rejected argument purchases trigger constitutional concerns see maryland macon consequently affirm judgment iii reverse however judgment sustaining pretrial seizure order line cases dating back marcus search warrant repeatedly held rigorous procedural safeguards must employed expressive materials seized obscene marcus quantity copies books kansas invalidated confiscations books films numerous copies selected books seized without prior adversarial hearing obscenity cases ones immediately came established pretrial seizures expressive materials undertaken pursuant procedure designed focus searchingly question obscenity quoting marcus supra see also lee art theatre virginia refined approach subsequent decisions importantly heller new york noted seizing films destroy block distribution exhibition different matter seizing single copy film bona fide purpose preserving evidence criminal proceeding result concluded judicial determination obscenity issue adversary proceeding exhibition film restrained seizing available copies obviously true books expressive materials single copy book film may seized retained evidentiary purposes based finding probable cause publication may taken circulation completely determination obscenity adversary hearing ibid see new york video thus general rule fourth amendment contraband instrumentalities evidence crimes may seized probable cause even without warrant various circumstances otherwise materials presumptively protected first amendment involved sales new york risk prior restraint underlying basis special fourth amendment protections accorded searches seizure first amendment materials motivates rule maryland macon supra concerns render invalid pretrial seizure issue decision indiana challenge precedents limitations seizures decisions area established rather found rules largely inapplicable case noted alleged predicate offenses included convictions violating state obscenity laws observed pretrial seizures made strict accordance indiana law based nature suspected obscenity contents items seized upon neutral ground sequestered property represented assets used acquired course racketeering activity remedy forfeiture intended restrain future distribution presumptively protected speech rather disgorge assets acquired racketeering activity stated simply irrelevant whether assets derived alleged violation rico statute obscene also specifically rejected petitioner claim legislative inclusion violations obscenity laws form racketeering activity merely semantic device intended circumvent first amendment doctrine assets seized subject forfeiture elements pattern racketeering activity shown ibid probable cause believe case pretrial seizure permissible indiana concluded question holding adding violations list rico predicate crimes mere ruse sidestep first amendment purpose disposing case assume without deciding bookstores contents forfeitable like property bank account yacht proved items property actually used derived pattern violations state obscenity laws even assumptions though find seizure issue unconstitutional incontestable proceedings begun put end sale obscenity three bookstores named complaint hence quite sure special rules applicable removing first amendment materials circulation relevant includes specifically admonition probable cause believe valid grounds seizure insufficient interrupt sale presumptively protected books films determination seized items obscene rico violation occurred true predicate crimes seizure order based adjudicated unchallenged petition seizure hearing thereon aimed establishing probable cause believe rico violation occurred order seizure recited probable cause respect noted cases firmly hold mere probable cause believe legal violation transpired adequate remove books films circulation see new york video heller new york elements rico violation predicate crimes remain established case whether obscenity violations three corporations employees established pattern racketeering activity whether assets seized forfeitable state crra statute therefore pretrial seizure issue improper fact respondent motion seizure couched one indiana rico law instead brought substantive obscenity statute unavailing far back decision near minnesota ex rel olson recognized way restraint speech characterized state law little consequence see also schad mount ephraim southeastern promotions conrad example vance universal amusement per curiam struck prior restraint placed exhibitions films texas public nuisance statute finding failure comply prior case law area fatal defect cf also arcara cloud books concurring noting city use nuisance statute pretext closing bookstore sold indecent books case clearly implicate first amendment concerns require analysis appropriate first amendment standard review accept indiana finding indiana rico law pretextual applied obscenity offenses true state escape constitutional safeguards prior cases merely recategorizing pattern obscenity violations racketeering least rico violation claimed pattern racketeering established rebutting presumption expressive materials protected first amendment presumption rebutted claimed justification seizing books publications properly established adversary proceeding literally thousands books films carried away taken circulation pretrial order see app record yet remained proved whether seizure actually warranted indiana crra rico statutes maintain regard first amendment values expressed prior decisions dealing interrupting flow expressive materials judgment indiana must reversed iv reasons given judgment reversed case remanded proceedings judgment affirmed remanded proceedings ordered footnotes entities seek certiorari enter appearance therefore deal claims issues raised fort wayne books amendment state rico law added obscenity violations list predicate offenses deemed constitute racketeering activity indiana law see ind code indiana appeals consolidated fort wayne books case another case arising crra action brought indianapolis goldsmith indiana also heard cases consolidated basis issuing single judgment upholding seizures fort wayne books petitioned review decision see pet cert iv officials corporation never expressed interest proceedings several factual aspects case brought attention argument see tr oral arg suggest may moot event address claims issues presented fort wayne books constitutionality criminal sanctions distribute obscene materials well established prior cases see pinkus splawn california miller california kingsley books brown federal rico statute also permits prosecutions pattern obscenity violations manner quite similar indiana law review see supp iv thus outcome case may determine constitutionality using obscenity crimes predicate acts federal rico statute see brief amicus curiae addition several followed congress lead added offenses list predicate offenses give rise violations state rico laws see rev stat ann supp ind code code ann xii stat cal penal code ann west definition obscenity found relevant statute provides book film matter law parlance obscene average person applying contemporary community standards finds dominant theme matter performance taken whole appeals prurient interest sex matter performance depicts describes patently offensive way sexual conduct matter performance taken whole lacks serious literary artistic political scientific value ind code indeed scope indiana rico law limited scope state obscenity statute rico prosecutions possible one guilty pattern obscenity violations seem rico statute inherently less vague state obscenity law prosecution rico law possible elements obscenity offense present past upheld constitutionality statutes provide criminal penalties obscenity offenses significantly different provided indiana rico law see smith prison term fine first offense term fine subsequent violation ginzburg prison term fine following ruling petitioner indiana appeals certified two questions review indiana application seizure upon probable cause shown ex parte provided violate due process guarantees provided indiana constitutions order seizure issued march based upon enumerated criminal convictions violation first amendment record respondent suggested argument see tr oral arg fact petitioner employed petitioner numerous prior convictions obscenity offenses sufficed justify pretrial seizure even otherwise impermissible state trial purport impose seizure punishment past criminal acts even punishment permissible first amendment instead noted seizure undertaken prevent future violations indiana rico laws prospective pretrial seizure required comply marcus search warrant line cases explain contrary petitioner urging see brief petitioner pp reach question constitutionality forfeiture civil sanction authorized indiana laws context case us involve forfeiture see reason depart usual practice deciding concrete legal issues presented actual cases public workers mitchell see also electric bond share sec hold today pretrial seizure petitioner nonexpressive property invalid petitioner challenge aspect seizure although direct significance note federal government rico statute similar indiana et seq pursue pretrial seizure expressive materials rico actions adult bookstores like operations see brief amicus curiae cf pryba supp ed justice blackmun concurring part concurring judgment although agree justice conclusion sappenfield case properly majority decided otherwise majority jurisdictional issue however divided merits question presented sappenfield whether distribution constitutionally obscene materials may punished predicate acts racketeering offense disposition case deserves requires majority participating justices see screws rutledge concurring result thus notwithstanding dissenting jurisdictional view feel obligated reach merits sappenfield see vuitch separate statement agree may punished miller california may form basis racketeering conviction join justice white opinion except part judgment justice concurring part dissenting part believe jurisdiction hear petition sappenfield indiana dissent disposition case concur disposition fort wayne books indiana presents among others question presented sappenfield petitioners sappenfield bookstore corporations fantasy one fantasy two yet tried convicted racketeer influenced corrupt organizations rico counts brought state indiana petitioners motion dismiss rico counts state subsequent appeal therefore interlocutory except limited circumstances jurisdiction review final judgments rendered highest state decision may see cox broadcasting cohn observed flynt ohio per curiam case involving violations ohio obscenity statute pplied context criminal prosecution finality normally defined imposition sentence neither finding guilt imposition sentence yet occurred sappenfield flynt assume jurisdiction sappenfield probability piecemeal review respect federal issues appears federal issues involved trial whether publication issue obscene similarly flynt delaying review petitioners convicted seriously erode federal policy within meaning prior cases case involves obscenity prosecution alter conclusion assumption jurisdiction based determination djudicating proper scope first amendment protections merits application exception general finality rule ante essentially expands fourth cox exception permit review state interlocutory orders implicating first amendment broad expansion narrow exceptions statutory limitations jurisdiction completely unwarranted ironically petition fort wayne books makes expansion unnecessary well accordingly dismiss writ certiorari sappenfield want jurisdiction petition fort wayne books also interlocutory appeal indiana appellate courts case however pretrial sanctions already imposed petitioner first amendment interests actually affected held interlocutory orders immediately reviewable national socialist party america skokie per curiam although fort wayne books civil action brought indiana civil remedies racketeering activity statute civil actions depend violations state criminal rico statute see ante consequently question presented sappenfield whether violations indiana obscenity statute may predicate acts charges brought state criminal rico statute also presented fort wayne books unconstitutional indiana include obscenity violations among possible predicate acts rico violations civil remedies sought fort wayne books equally invalid fully agree disposition question applies fort wayne books constitutional bar state inclusion substantive obscenity violations among predicate offenses rico statute ante also agree concur statement cases part disposition part iii separate questions presented fort wayne books justice stevens justice brennan justice marshall join dissenting concurring part dissenting part correctly decides jurisdiction pretrial seizures petitioner subjected unconstitutional refusing evaluate indiana racketeer influenced corrupt organizations rico civil remedies racketeering activity crra statutes interlinked whole otherwise reaches wrong result true bare majority concluded delivery obscene messages consenting adults may prosecuted crime indiana legislature done far injecting obscenity offenses statutory scheme designed curtail entirely different kind antisocial conduct enhanced criminal penalties also authorized civil sanctions protected unprotected speech judgment vast difference conclusion state may proscribe distribution obscene materials notion legislation survive constitutional scrutiny outset important identify limited nature racketeering activity alleged petitioner accused selling willing purchaser three obscene magazines two stores charge anyone engaged sexual misconduct petitioner premises stores displayed advertised inventory offensive way children given access publications films foisted obscene messages upon unwilling recipients claim petitioner bookstores public nuisances operating inappropriate places manners times indiana sale obscene magazine misdemeanor person commits two misdemeanors however engages pattern racketeering activity defined state rico statute means pattern person acquires maintains otherwise operates enterprise commits indiana felony corrupt business influence thus indiana rico act transform two obscenity misdemeanors felony punishable eight years imprisonment proof rico violation exposes defendant civil sanctions prescribed crra act including order dissolving enterprise forfeiting property state enjoining defendant engaging type business future ind code thus even small fraction activities enterprise unlawful state may close entire business seize inventory bar owner engaging chosen line work decision upholding constitutionality indiana scheme indiana expressly approved civil remedies well criminal sanctions unequivocally rejected suggestion nature business assets affect remedial powers goldsmith categorically stated elements pattern racketeering activity proved bookstore expressive materials obscene subject forfeiture ii finds merit claim indiana rico law unconstitutionally vague applied obscenity predicate offenses since indiana obscenity law satisfies strictures set miller california reasons predicate offense vague necessarily pattern offenses even less vague see ante non sequitur reference pattern least two violations compounds intractable vagueness obscenity concept contrary view rests construction rico statute requires nothing proof defendant sold exhibited willing reader two obscene magazines perhaps two copies one magazine find statute unconstitutional even without special threat first amendment interests posed crra remedies instead reiterating already written however shall limit opinion discussion significance civil remedies disagree view questions relating severity civil sanctions may follow rico conviction ripe review see ante indiana opinion goldsmith supra makes perfectly clear rico crra acts enacted time targeting precisely subject matter parts single statutory scheme also obvious principal purpose proving pattern racketeering activity enable prosecutor supplement criminal penalties unusually severe civil sanctions indiana descriptions overall purpose laws specifically purpose indiana scheme pertains predicate offense obscenity confirm event obvious reading legislation significance making obscenity predicate offense comparable murder kidnaping extortion arson evaluated fairly crra portion scheme ignored iii recurrent history obscenity regulation abiding concern media tendency deprave corrupt view stir sexual impulses lead sexually impure thoughts appeal prurient interest see alberts california decided roth harlan concurring result antecedents statutory scheme review cases plainly reflect concern early indiana statutes classified crimes public morals chastity morality distribution obscene materials also materials lewd indecent lascivious described depicted criminals desperadoes men women lewd unbecoming positions improper dress ind rev stat ind code ann burns prohibited category profane cursing advertising drugs female use sunday baseball letting stallions public ind rev stat ind code ann burns indiana regulation morals offenses paralleled efforts elsewhere great britain report cf paris adult theatre slaton brennan dissenting outlining obscenity laws history quite simply longstanding justification suppressing obscene materials prevent people immoral thoughts failure argued threatens moral fabric society limiting society expression concern federal constitution first amendment presumptively protects communicative materials see roaden kentucky line protected pornographic speech obscenity dim uncertain bantam books sullivan state free adopt whatever procedures pleases dealing obscenity marcus search warrant must employ careful procedural safeguards assure materials adjudged obscene withdrawn public commerce freedman maryland see miller california constitution confers right possess even materials legally obscene stanley georgia moreover public interest access sexually explicit materials remains strong despite continuing efforts stifle distribution whatever harm society incurs sale obscene magazines consenting adults indistinguishable harm caused distribution great volume pornographic material protected first amendment elimination obscene volumes videotapes adult bookstore shelves thus scarcely serves state purpose controlling public morality state scheme like federal rico law et patterned furnishes prosecutors drastic methods curtailing undesired activity indiana statutes allow prosecutors cast wide nets seize upon showing two obscene materials sold even exhibited store books magazines films videotapes obscene nonobscene yet sexually explicit even devoid sexual reference reported decisions indicate enforcement indiana statutes primarily directed adult bookstores patently successful prosecutions advance significantly state efforts silence immoral speech repress immoral thoughts opinion fair identify effect indiana acts specific purpose legislation realistic interpretation indiana legislature intent making obscenity rico predicate offense expand beyond traditional prosecution legally obscene materials restriction materials though constitutionally protected undesired effect community morals actually obscene fulfillment intent surely overflow boundaries imposed constitution properly holds today predicate offenses obscenity violations state may undertake pretrial seizures expressive materials indiana legislation authorizes see ante yet excluding holding pretrial seizures nonexpressive property ante assum ing without deciding bookstores contents forfeitable otherwise subject crra civil sanctions ante extend holding prohibit seizure stores inventories even trial based nothing pattern obscenity misdemeanors difference constitutional dimension enterprise engaged business selling exhibiting books magazines videotapes one engaged another commercial activity lawful unlawful bookstore receiving revenue sales obscene books hardware store pizza parlor funded proceeds presumptive first amendment protection accorded former apply either predicate offense business use latter seldom first amendment protections relevance sanctions might invoked ordinary commercial establishment use sanctions rid type enterprise illegal influence even closing engender suspicion censorial motive prosecutors cases desire purge taint interest deterring sale pizzas hardware sexually explicit books movies however commodities state want exterminate scheme promotes extermination elimination establishments sexually explicit speech disseminated perhaps virtually protected films publications petitioners offer sale objectionable sales permitted secluded areas cf young american mini theatres many sexually explicit materials little noxious appendages sprawling media industry nevertheless true host citizens desires best remote indirect injury third parties flows purchasers constitutional right possess first amendment thus requires use sensitive tools regulate speiser randall indiana statutes arm prosecutors scalpels excise obscene portions adult bookstore inventory sickles mow entire undesired use first amendment tolerate better leave noxious branches luxuriant growth pruning away injure vigour yielding proper fruits right receive information ideas regardless social worth fundamental free society accordingly reverse decision invalidate pretrial seizures also direct complaint dismissed cases cites demonstrate proposition well established ante decided vote dissenters kingsley books brown chief justice warren justices black douglas brennan miller california justices douglas brennan stewart marshall dissented splawn california pinkus justices brennan stewart marshall stevens expressed opinion criminal prosecution offenses violates first amendment moreover president commission obscenity pornography advocated laws regulating adults access sexually explicit materials repealed report commission obscenity pornography recent federal pornography commission disagreed conclusion yet acknowledged scholarly comment generally agrees dissenters numerous people oral written evidence urged upon us view approach mistaken interpretation first amendment argued conclude criminal prosecution based distribution consenting adults sexually explicit material matter offensive matter matter devoid literary artistic political scientific value impermissible first amendment taken arguments seriously light facts roth since unanimously conclude obscenity outside coverage first amendment rulings miller california paris adult theatre slaton kaplan california reels film orito decided scant majority issue doubt issue debatable within thus hardly without difficulty moreover recognize bulk scholarly commentary opinion resolution basic approach first amendment issues incorrect attorney general commission pornography final report july hereinafter report see arcara cloud books see splawn california stevens dissenting commonwealth american booksellers answering questions certified see new york ferber ginsberg new york see erznoznik city jacksonville miller california see renton playtime theatres young american mini theatres indiana obscenity law underlying cases provides person knowingly intentionally sends brings indiana obscene matter sale distribution offers distribute distributes exhibits another person obscene matter commits class misdemeanor ind code enacted ind acts replace identically worded repealed ind acts indiana code entitled racketeer influenced corrupt organizations provides part pattern racketeering activity means engaging least two incidents racketeering activity similar intent result accomplice victim method commission otherwise interrelated distinguishing characteristics isolated incidents racketeering activity means commit attempt commit conspire commit violation ic murder ic battery class felony ic kidnapping ic child exploitation ic robbery ic arson ic burglary ic theft ic receiving stolen property ic term enterprise defined racketeer influenced corrupt organizations rico act civil remedies racketeering activity crra act include sole proprietorship corporation see ind code thus stores obscenity offenses allegedly occurred enterprise within meaning indiana rico cf alvers state ind app corporation enterprise within meaning state rico act indiana code provides person knowingly intentionally received proceeds directly indirectly derived pattern racketeering activity uses invests proceeds proceeds derived acquire interest real property establish operate enterprise pattern racketeering activity knowingly intentionally acquires maintains either directly indirectly interest control real property enterprise employed associated enterprise knowingly intentionally conducts otherwise participates activities enterprise pattern racketeering activity commits corrupt business influence class felony indiana law person convicted class felony subject fine term five years may increased eight reduced two years ind code eschewing criminal proceedings prosecutor brought civil action alleging rico violation seeking gamut relief available crra act app trial found probable cause believe indiana rico statute violated bookstore padlocked inventory furnishings contents seized petitioner appealed number constitutional grounds consolidating petitioner case one originating indianapolis indiana appeals held relevant provisions violate first fourteenth amendments constitution goldsmith months opinion issued trial judge granted motion petitioners dismiss two rico charges ground indiana rico statute unconstitutionally vague indiana subsequently reversed indiana appeals sustaining statutes actual pretrial seizures goldsmith indiana appellate reversed dismissal rico counts petitioners state sappenfield indiana explained believe overall purpose rico statute applicable obscenity violations enumerated predicate offenses conceivable first amendment ramifications thus agree either appellants appeals purpose indiana scheme pertains predicate offense obscenity restrain sale distribution expressive materials irrelevant whether assets acquired racketeering activity obscene subject forfeiture elements pattern racketeering activity shown crra remedies license revocation also available regardless nature racketeering enterprise purpose forfeiture provisions totally unrelated nature assets question overall purpose laws unequivocal even predicate offense alleged violation obscenity statute remedy forfeiture intended restrain future distribution presumptively protected speech rather disgorge assets acquired racketeering activity stated simply irrelevant whether assets derived alleged violation rico statute obscene sum actions seeking various crra remedies instituted attempt compel forfeiture proceeds alleged racketeering activity restrain future distribution expressive materials hold statutes pertain predicate offense obscenity violate first fourteenth amendments constitution see marks stevens concurring part dissenting part paris adult theatre slaton brennan joined stewart marshall dissenting ironically legal test determining existence pattern racketeering activity likened justice stewart famous test obscenity know see set forth concurrence jacobellis ohio morgan bank waukegan citing papai cremosnik supp nd long conviction government may constitutionally criminalize mere possession sale obscene literature absent connection minors obtrusive display unconsenting adults pope illinois stevens dissenting see smith stevens dissenting see also ward illinois stevens dissenting splawn california stevens dissenting marks stevens concurring part dissenting part cf pinkus stevens concurring absence precedents sustain federal obscenity law professor henkin explained american obscenity laws rooted country religious antecedents governmental responsibility communal individual decency morality henkin morals constitution sin obscenity colum rev continued communities believe act belief obscenity immoral wrong individual place decent society believe adults well children corruptible morals character obscenity source corruption eliminated obscenity suppressed primarily protection others much suppressed purity community salvation welfare consumer obscenity bottom crime obscenity sin proposing addition state federal obscenity violations predicate offenses federal rico et senator helms stated experiencing explosion volume availability pornography society today almost impossible open mail turn television walk downtown areas cities even suburban areas without accosted pornographic materials sheer volume pervasiveness pornography society tends make adults less sensitive traditional value chaste conduct leads children abandon moral values parents tried hard instill surely coincidential sic sic time history pornography obscene materials rampant also experiencing record levels promiscuity veneral sic disease herpes acquired immune deficiency syndrome aids abortion divorce family breakdown related problems minimum pornography lowers general moral tone society contributes social problems minimal nonexistent earlier periods history cong rec amendment enacted act pub stat codified supp iv extent therefore regulation pornography constitutes abridgment freedom speech abridgment freedom press least presumptively unconstitutional even forms regulation pornography seen ultimately constitute abridgments freedom speech freedom press fact remains constitution treats speaking printing special thus regulation anything spoken printed must examined extraordinary care even forms regulation spoken printed abridgments freedom speech abridgments freedom press regulations closer constituting abridgments forms governmental action nothing else barriers permissible restrictions said printed unconstitutional abridgments must scrupulously guarded report videotape dealers association example reports nation video stores carry ing adult titles material often viewed private individuals video cassette recorders accounts business valued million annually groskaufmanis films may watch videotape distribution first amendment rev attorney general commission pornography quotes geoffrey stone dean university chicago law school follows fact vast market society sexually explicit expression suggests many people type speech serves believe may amusement containment may sexual stimulation may fantasy whatever many us believe expression lives way valuable value overlooked report see also marks stevens concurring part dissenting part however distasteful materials us nevertheless form communication entertainment acceptable substantial segment society otherwise value marketplace attorney general commission pornography highlighted fact follows central part mission examine question whether pornography harmful attempting answer question made conscious decision allow examination harm question constricted existing definition legally obscene report result inquiry harm encompasses much material may legally obscene also encompasses much material generally considered pornographic use term number us important harms must seen moral terms act moral condemnation immoral merely important essential perspective acts need seen causes immorality manifestations issues human dignity human decency less real lack scientific measurability many us central thinking question harm think harm way acts must condemned evils world thereby eliminated conscience demands drastic methods combat organized crime essential must develop law enforcement measures least efficient organized crime cong rec remarks rodino see also russello turkette cf elliott federal rico net woven tightly trap even smallest fish cert denied appeals indiana made observation state concedes obscenity seized inventories books magazines films irrelevant need even alleged argument reflects accurate reading statutes also reveals nature regulatory scheme response obscenity may booksellers theaters padlocked forfeited state upon showing alongside literary political cinematic classics twice disseminated controversial works subsequently adjudged obscene guarantees first amendment mean nothing state may arrogate discretion continued existence bookstores theaters even suppression materials borderline protected unprotected speech might remove vast number materials circulation see dietz sears pornography obscenity sold adult bookstores survey books magazines films four american cities ref materials adult bookstores surveyed obscene eyes juror sexually liberal attitudes values obscene eyes sexually traditional attitudes values five eight reported opinions reviewing prosecutions pursuant indiana statutes predicate offenses obscenity violations sappenfield indiana supp nd ind dismissing lack standing suit petitioner seeking prevent prosecutor laporte county adding civil sanctions criminal rico prosecution already way goldsmith ind case ind app allen marion counties studio art theatre evansville state ind app upholding rico convictions vanderburgh county based alleged sale movies harmful minors state sappenfield ind app howard county see also indiana dismissing lack standing indianapolis distributors suit challenging constitutionality crra first federal rico prosecution based obscenity violations occurred pryba crim ed district rejected constitutional challenges inclusion obscenity offenses federal rico statute supp ed jury found defendants guilty interstate distribution worth obscene material decided dennis pryba three washington area hardcore bookstores eight videotape clubs valued million forfeitable terms rico statute eggenberger rico vs dealers obscene matter first amendment battle colum soc probs quoting hayes jury wrestles pornography american lawyer mar frequently probative evidence intent objective evidence actually happened rather evidence describing subjective state mind actor normally actor presumed intended natural consequences deeds particularly true case governmental action frequently product compromise collective decisionmaking mixed motivation washington davis stevens concurring see also near minnesota ex rel olson passing upon constitutional questions statute must tested operation effect indiana far governmental entity moved undesirable sexually explicit materials manner besides indiana passed laws patterned federal rico statute include violations obscenity laws predicate offenses upon prosecution may based rev stat ann supp rev stat vi del code tit stat code ann xii idaho code supp stat ann west supp stat cent code supp ohio rev code ann okla tit supp rev stat utah code ann fff iii zzz supp rev code supp trend toward using rico statutes enforce obscenity laws comports urgings attorney general commission pornography report recommendation state legislatures enact racketeer influenced corrupt organizations rico statute obscenity predicate act recommendation department justice attorneys use racketeer influenced corrupt organization act rico means prosecuting major producers distributors obscene material cf recommending federal state governments enact statutes authorizing forfeitures even two predicate offenses proved barring rico prosecution near minnesota ex rel olson hughes quoting writings james madison stanley georgia citation omitted