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Smith Vs. California

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  • US Supreme Court
  • Dec 14, 1959

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77 entries 3 linked 74 unlinked
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  1. Near Vs. Minnesota US Supreme Court · Jun 01, 1931
  2. Speiser Vs. Randall US Supreme Court · Jun 30, 1958
    Relied / Followed
  3. Wieman Vs. Updegraff US Supreme Court · Dec 15, 1952
  4. U.S. 147 (1959) U.S. Supreme Court Smith v. California
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  5. U.S. 147 (1959) Smith v. California
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  6. It is, of course, no matter that the dissemination takes place under commercial auspices. See Joseph Burstyn, Inc., v. Wilson
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  7. Grosjean v. American
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  8. Dennis v. United
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  9. question is involved, there is precedent in this Court that this power is not without limitations. See Lambert v. California
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  10. a manner tending to cause even a self-imposed restriction of free expression, we struck down its application. Speiser v. Randall
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  11. U. S. 513 . See Near v. Minnesota
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  12. validly exercise their rights of free expression with the expense and inconvenience of criminal prosecution. Thornhill v. Alabama
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  13. U. S. 88 , 310 U. S. 97 -98. Cf. Staub v. City
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  14. may the less be required to act at his peril here, because the free dissemination of ideas may be the loser. Winters v. New
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  15. here, where the question is the elimination of the mental element in an offense, is this Court's holding in Wieman v. Updegraff
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  16. speech and writings are not protected by the constitutional guarantees of freedom of speech and the press. Roth v. United
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  17. absolute standard which will not hear the distributor's plea as to the amount of care he has used. Cf. United States v. Balint
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  18. The King v. Ewart
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  19. of a man's mind. See Pound, The Role of the Will in Law, 68 Harv.L.Rev. 1. Cf. American Communications Assn. v. Douds
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  20. Roth v. United
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  21. mean that there can be no constitutional barrier to any form of practical exercise of that power. Cf. Dean Milk Co. v. City
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  22. See Edwards v. People
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  23. In the Roth opinion, there was also decided Alberts v. California
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  24. Morissette v. United
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  25. of obscene matter strictly adhered to the requirement of scienter. See the discussion in Attorney-General v. Simpson
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  26. requires scienter, see note 3 and was, of course, sustained by us in Roth v. United
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  27. safeguards for speech and press therefore gain little. Their victory, if any, is Pyrrhic one. Cf. Beauharnais v. Illinois
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  28. Amendment made the First applicable to the State. See cases collected in the concurring opinion in Speiser v. Randall
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  29. Boyd v. United
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  30. brings to bear against the Federal Government, against the States. See, e.g., West Virginia State Board of Education v. Barnette
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  31. U. S. 624 , 319 U. S. 639 , and other cases collected in Speiser v. Randall
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  32. U. S. 513 , 357 U. S. 530 (concurring opinion). But see Beauharnais v. Illinois
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  33. Kingsley International Pictures Corp. v. Regents
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  34. scope of the power of a State to regulate what feeds the belly and what feeds the brain. The doctrine of United States v. Balint
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  35. principle that awareness of what one is doing is a prerequisite for the infliction of punishment. See Morissette v. United
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  36. S. 164 We have not yet been told that all laws against defamation and against inciting crime by speech, see Fox v. Washington
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  37. in determining what constitutes obscenity, Roth v. United
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  38. United States v. Kennerley
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  39. of obscene printed matter was clearly established as a common law offense in England in 1927 by the case of Rex v. Curl
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  40. Str. 788, which overruled Reg. v. Read
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  41. had been held that such offenses were exclusively within the jurisdiction of the ecclesiastical courts. See also Rex v. Wilkes
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  42. and Varick) (1777-1789) 321. In Pennsylvania, in 1815, a prosecution was founded on common law liability. Commonwealth v. Sharpless
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  43. Bay, p. 172 (1759). It is unclear whether the well known prosecution in Massachusetts in 1821, Commonwealth v. Holmes
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  44. Commonwealth v. Isenstadt
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  45. MR. JUSTICE DOUGLAS, concurring. I need not repeat here all I said in my dissent in Roth v. United
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  46. if, and to the extent that, it is so closely brigaded with illegal action as to be an inseparable part of it. Giboney v. Empire
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  47. Labor Board v. Virginia
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  48. Fellman, The Censorship of Books (1957). And see New American Library of World Literature v. Allen
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  49. Brinkerhoff-Faris Trust & Savings Co. v. Hill
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  50. instance with an objection to what a book portrays, not to what it teaches. Cf. Kingsley International Pictures Corp. v. Regents
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