No. 3.

333 U.S. 507 (1948)


Supreme Court of United States.

Reargued November 19, 1946.

Reargued November 10, 1947.

Decided March 29, 1948.

Attorney(s) appearing for the Case

Arthur N. Seiff argued the cause and filed the briefs for appellant. With him on the original argument and the first reargument was Emanuel Redfield.

Whitman Knapp argued the cause for appellee. With him on the briefs was Frank S. Hogan.

Briefs of amici curiae urging reversal were filed by Sidney R. Fleisher for the Authors' League of America, Inc.; and Emanuel Redfield, Osmond K. Fraenkel and Morris L. Ernst for the American Civil Liberties Union.

MR. JUSTICE REED delivered the opinion of the Court.

Appellant is a New York City bookdealer, convicted, on information,1 of a misdemeanor for having in his possession with intent to sell certain magazines charged to violate subsection 2 of § 1141 of the New York Penal Law. It reads as follows:

"§ 1141. Obscene prints and articles 1. A person . . . who, 2...

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