384 U.S. 953 | SCOTUS | 1966
Lead Opinion
C. A. 2d Cir. Certiorari denied.
Dissenting Opinion
dissenting.
The petitioner stands convicted for sending two allegedly obscene phonograph records through the mail.
Under the First Amendment this conviction cannot stand. I would grant certiorari and reverse the judgment.
He was also convicted for mailing nonobscene circulars advertising these records for sale. If the records are not obscene, the convictions on these advertising counts obviously cannot stand. Five additional counts involve the label of a third record, pasted on the outside of its mailing wrapper. This record was not even alleged to be obscene.
Columbia Univ. Press, N. Y., 1947.