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ATTORNEY GENERAL v. "TROPIC OF CANCER."

345 Mass. 11 (1962)

184 N.E.2d 328

ATTORNEY GENERAL vs. THE BOOK NAMED "TROPIC OF CANCER."

Supreme Judicial Court of Massachusetts, Suffolk.

July 17, 1962.

Attorney(s) appearing for the Case

Charles Rembar of New York (William P. Homans, Jr., with him) for the interveners.

James J. Kelleher, Assistant Attorney General (Leo Sontag, Assistant Attorney General, with him), for the Attorney General.

Reuben Goodman, Rudolph Kass & George Waldstein for the Civil Liberties Union of Massachusetts & others, amici curiae, submitted a brief.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

The Attorney General proceeds under G.L.c. 272, §§ 28C-28G (inserted by St. 1945, c. 278, § 11), against a book by Henry Miller, "Tropic of Cancer" (Tropic), published by Grove Press, Inc. (Grove). Answers were filed by Grove, Miller, and other interveners, alleging that c. 272, §§ 28C through 28H, "as applied herein ... violate rights of the intervenor[s] guaranteed ... by the ... Constitution of the...

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