No. 582.

354 U.S. 476 (1957)


Supreme Court of United States.

Decided June 24, 1957.

Attorney(s) appearing for the Case

David von G. Albrecht and O. John Rogge argued the cause for petitioner in No. 582. With them on the brief were David P. Siegel, Peter Belsito and Murray A. Gordon.

Stanley Fleishman argued the cause for appellant in No. 61. With him on the brief were Sam Rosenwein and William B. Murrish.

Roger D. Fisher argued the cause for the United States in No. 582. With him on the brief were Solicitor General Rankin and Assistant Attorney General Olney.

Fred N. Whichello and Clarence A. Linn, Assistant Attorney General of California, argued the cause for appellee in No. 61. With them on the brief were Edmund G. Brown, Attorney General, William B. McKesson and Lewis Watnick.

Briefs of amici curiae urging reversal were filed in No. 582 by Morris L. Ernst, Harriett F. Pilpel and Nancy F. Wechsler, for Ernst, Irwin Karp and Osmond K. Fraenkel, for the Authors League of America, Inc., Abe Fortas, William L. McGovern, Abe Krash and Maurice Rosenfield, for the Greenleaf Publishing Co. et al., Horace S. Manges, for the American Book Publishers Council, Inc., and Emanuel Redfield, for the American Civil Liberties Union.

A. L. Wirin filed a brief for the American Civil Liberties Union, Southern California Branch, as amicus curiae, in support of appellant in No. 61.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The constitutionality of a criminal obscenity statute is the question in each of these cases. In Roth, the primary constitutional question is whether the federal obscenity statute1 violates the provision of the First Amendment that "Congress shall make no law . . . abridging the freedom of speech, or of the press . . . ." In Alberts...

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