HANNEGAN v. ESQUIRE, INC.

No. 399.

327 U.S. 146 (1946)

HANNEGAN, POSTMASTER GENERAL, v. ESQUIRE, INC.

Supreme Court of United States.

Decided February 4, 1946.


Attorney(s) appearing for the Case

Marvin C. Taylor argued the cause for petitioner. With him on the brief were Solicitor General McGrath, Assistant Attorney General Sonnett and Vincent M. Miles.

Bruce Bromley argued the cause for respondent. With him on the brief were Morris L. Ernst and Harriet F. Pilpel.

Briefs were filed by the following as amici curiae, in support of respondent: James W. Stites, George Roberts and Whitney North Seymour; Elisha Hanson for the American Newspaper Publishers Association; Francis H. Scheetz and Arthur H. Clephane for the Curtis Publishing Company; Robert E. Coulson and William R. Sherwood for the Reader's Digest Association, Inc.; Sidney R. Fleisher for the Authors' League of America, Inc.; and Charles Horsky, Arthur Dehon Hill, Luther Ely Smith and Arthur Garfield Hays for the American Civil Liberties Union.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Congress has made obscene material nonmailable (35 Stat. 1129, 18 U.S.C. § 334), and has applied criminal sanctions for the enforcement of that policy. It has divided mailable matter into four classes, periodical publications constituting the second-class.1 § 7 of the Classification Act of 1879, 20 Stat. 358, 43 Stat. 1067, 39 U...

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