BUTLER v. MICHIGAN

No. 16.

352 U.S. 380 (1957)

BUTLER v. MICHIGAN.

Supreme Court of United States.

Decided February 25, 1957.


Attorney(s) appearing for the Case

Manuel Lee Robbins argued the cause for appellant. With him on the brief was William G. Comb.

Edmund E. Shepherd, Solicitor General of Michigan, argued the cause for appellee. With him on the brief were Thomas M. Kavanagh, Attorney General, and Daniel J. O'Hara, Assistant Attorney General.

Briefs of amici curiae supporting appellant were filed by Horace S. Manges for the American Book Publishers Council. Inc., Osmond K. Fraenkel for the Authors League of America, Inc., and Erwin B. Ellmann for the Metropolitan Detroit Branch. American Civil Liberties Union.

John Ben Shepperd, Attorney General, and Philip Sanders, Assistant Attorney General, filed a brief for the State of Texas, as amicus curiae, urging that the appeal be dismissed.


MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This appeal from a judgment of conviction entered by the Recorder's Court of the City of Detroit, Michigan, challenges the constitutionality of the following provision, § 343, of the Michigan Penal Code:

"Any person who shall import, print, publish, sell, possess with the intent to sell, design, prepare, loan, give away, distribute or offer for sale...

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