Hoke v. United States

Hoke v. United States, 227 U.S. 308 (1913), was a decision by the United States Supreme Court that held that the United States Congress could not regulate prostitution per se, which was strictly the province of the states. Congress could, however, regulate interstate travel for purposes of coercing prostitution or other "immoral purposes."

Full case nameEffie Hoke and Basile Economides, Plaintiffs in Error, v. United States

Citations227 U.S. 308 (more)

33 S. Ct. 281; 57 L. Ed. 523; 1913 U.S. LEXIS 2301

MajorityMcKenna, joined by unanimous

Quick facts Argued January 7–8, 1913 Decided February 24, 1913, Full case name ...

Hoke v. United States
Supreme Court of the United States
Argued January 7–8, 1913 Decided February 24, 1913
Full case name	Effie Hoke and Basile Economides, Plaintiffs in Error, v. United States
Citations	227 U.S. 308 (more) 33 S. Ct. 281; 57 L. Ed. 523; 1913 U.S. LEXIS 2301
Holding
Congress cannot regulate prostitution per se, which is strictly the province of the states, but it can regulate interstate travel for the purposes of prostitution or other "immoral purposes."
Court membership
Chief Justice Edward D. White Associate Justices Joseph McKenna · Oliver W. Holmes Jr. William R. Day · Horace H. Lurton Charles E. Hughes · Willis Van Devanter Joseph R. Lamar · Mahlon Pitney
Case opinion
Majority	McKenna, joined by unanimous
Laws applied
U.S. Const. art. I, sec. 8, cl. 3

Close

The case revolved around an offer to transport women from New Orleans to Beaumont, Texas for the purpose of prostitution. The Supreme Court upheld prosecution under the Mann Act with Justice Joseph McKenna emphasizing the right of Congress to protect against coercion in a space that states could not (e.g., in interstate commerce where neither state has jurisdiction).