This section contains the nature of the case and procedural background.

On July 14, 1976, criminal complaints were issued against Flynt et al. (D) charging them with disseminating obscenity in violation of Ohio Rev. Code Ann. 2907.32 (1975). The Municipal Court granted petitioners' motions to dismiss the complaints on the ground that petitioners had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Court of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory prosecution. The case was remanded for trial. The Ohio Supreme Court affirmed. The Supreme Court granted certiorari. 449 U.S. 1033 (1980).

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