GINZBURG v. UNITED STATES

No. 42.

383 U.S. 463 (1966)

GINZBURG ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided March 21, 1966.


Attorney(s) appearing for the Case

Sidney Dickstein argued the cause for petitioners. With him on the briefs was George Kaufmann.

Paul Bender argued the cause for the United States, pro hac vice, by special leave of Court. With him on the brief were Solicitor General Marshall and Assistant Attorney General Vinson.

Briefs of amici curiae, urging reversal, were filed by Irwin Karp for the Authors League of America, Inc.; by Bernard A. Berkman and Melvin L. Wulf for the American Civil Liberties Union et al.; and by Horace S. Manges and Marshall C. Berger for American Book Publishers Council, Inc.

Briefs of amici curiae, urging affirmance, were filed by Charles H. Keating, Jr., and James J. Clancy for Citizens for Decent Literature, Inc., et al.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

A judge sitting without a jury in the District Court for the Eastern District of Pennsylvania1 convicted petitioner Ginzburg and three corporations controlled by him upon all 28 counts of an indictment charging violation of the federal obscenity statute, 18 U. S. C. § 1461 (1964 ed.).2 224 F.Supp. 129. Each count...

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