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Potter Stewart

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description Potter Stewart Overview

Potter Stewart was an American lawyer and jurist who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. Nominated by President Dwight D. Eisenhower, Stewart became known for his pragmatic, fact-specific judicial approach and often served as a swing vote on the Burger Court. He authored notable opinions, including a famous concurrence on obscenity where he stated he could not define hard-core pornography but "knew it when he saw it." His legal philosophy emphasized federalism and First Amendment protections.

help Potter Stewart FAQ

When did Potter Stewart serve on the U.S. Supreme Court?

Potter Stewart served as an Associate Justice from 1958 to 1981. President Dwight D. Eisenhower nominated him after Justice Harold Burton retired.

What did Potter Stewart mean by his famous obscenity remark?

In Jacobellis v. Ohio in 1964, Stewart wrote that he found hard-core pornography difficult to define but knew it when he saw it. The phrase became one of the best-known quotations in American constitutional law.

Was Potter Stewart considered a conservative or liberal justice?

Stewart is difficult to place neatly in one modern political category. His fact-specific approach sometimes produced conservative results and sometimes supported civil-liberties claims, including the privacy reasoning associated with Griswold v. Connecticut.

What was Potter Stewart's role in the Nixon tapes case?

Stewart participated in United States v. Nixon, the 1974 case in which the Supreme Court rejected President Richard Nixon's claim of an absolute executive privilege. The unanimous decision required Nixon to comply with a subpoena for the Watergate tapes.