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SMITH v. CALIFORNIA

No. 9.

361 U.S. 147 (1959)

SMITH v. CALIFORNIA.

Supreme Court of United States.

Decided December 14, 1959.

Attorney(s) appearing for the Case

Stanley Fleishman and Sam Rosenwein argued the cause and filed a brief for appellant.

Roger Arnebergh argued the cause for appellee. With him on the brief was Philip E. Grey.

A. L. Wirin and Fred Okrand filed a brief for the American Civil Liberties Union, as amicus curiae, urging reversal.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Appellant, the proprietor of a bookstore, was convicted in a California Municipal Court under a Los Angeles City ordinance which makes it unlawful "for any person to have in his possession any obscene or indecent writing. [or] book . . . [i]n any place of business where . . . books . . . are sold or kept for sale."1 The offense was defined by the Municipal Court, and by the Appellate...

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