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Pinkus Vs. United States
Cites for this judgment
- US Supreme Court
- May 23, 1978
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- Distinguished
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Pinkus v. UnitedSearch
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States - 436 U.S. 293 (1978) U.S. Supreme Court Pinkus v. UnitedSearch
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States, 436 U.S. 293 (1978) Pinkus v. UnitedSearch
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the Court of Appeals affirmed. Since the materials were mailed prior to 1973, he was tried under the standards of Roth v. UnitedSearch
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States, 354 U. S. 476 , and Memoirs v. MassachusettsSearch
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U. S. 413 , rather than under those of Miller v. CaliforniaSearch
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Ginzburg v. UnitedSearch
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grounds that the instructions to the jury defining obscenity had been cast under the standards established in Miller v. CaliforniaSearch
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U. S. 15 (1973), although the offenses charged occurred in 1971, when the standards announced in Roth v. UnitedSearch
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States, 354 U. S. 476 (1957), and particularized in Memoirs v. MassachusettsSearch
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Marks v. UnitedSearch
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the conviction in Roth, supra, where the instruction included children, and having intimated later in Ginzburg v. UnitedSearch
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standard of review, cogent arguments can be made that the inclusion of children was harmless error, see Hamling v. UnitedSearch
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ed.). Cf. Cupp v. NaughtenSearch
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Smith v. UnitedSearch
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than it would if it restricted its consideration to the effect of allegedly obscene materials on adults. Cf. Ginsberg v. NewSearch
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Emphasis added.) Petitioner's reliance on passages from Miller, 413 U.S. at 413 U. S. 33 , and Smith v. UnitedSearch
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person, rather than a particularly susceptible or sensitive person -- or indeed a totally insensitive one. See Roth v. UnitedSearch
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embodies a requirement that local, rather than national, standards should be applied. Hamling v. UnitedSearch
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be judged according to the average person in the community, rather than the most prudish or the most tolerant. Hamling v. UnitedSearch
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Miller v. CaliforniaSearch
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Roth v. UnitedSearch
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when judging the obscenity of materials, not in including them along with all others in the community. See Mishkin v. NewSearch
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York, 383 U. S. 502 , 383 U. S. 508 -509 (1966). Petitioner relies also on Hamling v. UnitedSearch
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pertaining to appeal to the average person when the evidence, as here, would support such a charge. See Hamling v. UnitedSearch
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expert testimony is not necessary. Ginzburg v. UnitedSearch
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Hamling v. UnitedSearch
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Jacobellis v. OhioSearch
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States, supra at 383 U. S. 467 , citing Roth v. UnitedSearch
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of whether materials are obscene, the methods of their creation, promotion, or dissemination are relevant. Splawn v. CaliforniaSearch
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have been foreseen in light of Mr. Justice Harlan's separate opinion in Roth and its companion case, Alberts v. CaliforniaSearch
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This rejected standard for judging obscenity was first articulated in The Queen v. HicklinSearch
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The validity of the concurrent sentence doctrine is not challenged here. See Benton v. MarylandSearch
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this area of the law, I would vote to reverse this conviction with instructions to dismiss the indictment. See Marks v. UnitedSearch
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Millican v. UnitedSearch
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States, 418 U. S. 947 , 948 (1974) (BRENNAN, J., dissenting), quoting United States v. OritoSearch
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U.S. Supreme Court Pinkus v. UnitedSearch
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of Roth v. UnitedSearch
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and Memoirs v. MassachusettsSearch
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of Miller v. CaliforniaSearch
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Memoirs v. MassachusettsSearch
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Marks v. UnitedSearch
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Cf. Cupp v. NaughtenSearch
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Cf. Ginsberg v. NewSearch
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and Smith v. UnitedSearch
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See Roth v. UnitedSearch
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