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Memoirs Vs. Massachusetts

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  • US Supreme Court
  • Mar 21, 1966

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  1. Jacobellis Vs. Ohio US Supreme Court · Jun 22, 1964
    Relied / Followed
  2. Joseph Burstyn, Inc. Vs. Wilson US Supreme Court · May 26, 1952
  3. Fiske Vs. Kansas US Supreme Court · May 16, 1927
  4. Manual Enterprises, Inc. Vs. Day US Supreme Court · Jun 25, 1962
  5. Kovacs Vs. Cooper US Supreme Court · Jan 31, 1949
  6. U.S. 413 (1966) U.S. Supreme Court Memoirs v. Massachusetts
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  7. Under the test in Roth v. United
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  8. justify the conclusion that the publication and distribution of Memoirs was not constitutionally protected. Ginzburg v. United
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  9. MR. JUSTICE STEWART concur in the reversal for the reasons given in their respective dissenting opinions in Ginzburg v. United
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  10. States, post, p. 383 U. S. 476 and p. 383 U. S. 497 and Mishkin v. New
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  11. Attorney General v. The
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  12. sole question before the state courts was whether Memoirs satisfies the test of obscenity established in Roth v. United
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  13. with the requirement that a book be utterly devoid of social value, but rather that, as we elaborate in Ginzburg v. United
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  14. MR. JUSTICE STEWART concur in the reversal for the reasons stated in their respective dissenting opinions in Ginzburg v. United
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  15. The record in this case is thus significantly different from the records in Ginzburg v. United
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  16. States, post, p. 383 U. S. 463 , and Mishkin v. New
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  17. its prurient appeal, for a work cannot be proscribed unless it is 'utterly' without social importance. See Zeitlin v. Arnebergh
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  18. U. S. 184 , 378 U. S. 191 (opinion of BRENNAN, J.). Followed in, e.g., People v. Bruce
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  19. Trans-Lux Distributing Corp. v. Maryland
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  20. intimate no view concerning the constitutionality of such a limited declaration regarding Memoirs. Cf. Jacobellis v. Ohio
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  21. N.E.2d 403. Four of the seven judges of the New York Court of Appeals conclude that it is not obscene. Larkin v. Putnam's
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  22. at common law is unclear. It is generally agreed that the first reported case involving obscene conduct is The King v. Sir
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  23. First Amendment, we would not be justified in assuming that the Amendment left the common law unscathed. In Bridges v. California
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  24. Grosjean v. American
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  25. without merit. We faced the difficult questions the First Amendment poses with regard to libel in New York Times v. Sullivan
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  26. to pass on the value, the propriety, or the morality of a particular expression. Cf. Kingsley Int'l Pictures Corp. v. Regents
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  27. Page 383 U. S. 433 Whatever may be the reach of the power to regulate conduct, I stand by my view in Roth v. United
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  28. as the first recorded suppression of a literary work in this country on grounds of obscenity. See Commonwealth v. Holmes
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  29. The Queen v. Read
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  30. Dominus Rex v. Curl
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  31. Rex v. Tilkes
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  32. The first reported decision involving the publication of obscene literature does not come until 1821. See Commonwealth v. Holmes
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  33. And see the summary of Dr. Jahoda's studies prepared by her for Judge Frank, reprinted in United States v. Roth
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  34. Commonwealth v. Gordon
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  35. there is no majority opinion in this case, there are three Justices who import a new test into that laid down in Roth v. United
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  36. At 354 U. S. 485 (quoting Chaplinsky v. New
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  37. test been suggested, much less expounded. My Brother HARLAN, in Manual Enterprises, Inc. v. Day
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  38. test. The first reference to such a test was made by my Brother BRENNAN in Jacobellis v. Ohio
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  39. rule of law which states obscenity is suppressible, but well written obscenity is not.' Mr. Justice Scileppi in People v. Fritch
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  40. pp. 141-166. MR. JUSTICE HARLAN, dissenting. The central development that emerges from the aftermath of Roth v. United
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  41. as Roth has been expounded in this case, in Ginzburg v. United
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  42. States, post, p. 383 U. S. 463 , and in Mishkin v. New
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  43. Gitlow v. New
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  44. used in opinions to delimit the protection of free speech -- the gravity of the evil being regulated, see Schneider v. State
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  45. is the danger, Schenck v. Page
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  46. United States v. Dennis
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  47. may and do depend on the particular context in which power is exercised. When, for example, the Court in Beauharnais v. Illinois
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  48. statute applying to such communications as Congress might otherwise regulate under the commerce power. See also Kovacs v. Cooper
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  49. STEWART, J., in Jacobellis v. Ohio
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  50. forth in this opinion, supplementing what I have earlier said in my opinions in Roth, supra, Manual Enterprises, Inc. v. Day
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