UNITED STATES v. DELLAPIA

No. 49, Docket 34858.

433 F.2d 1252 (1970)

UNITED STATES of America, Appellee, v. Frank H. DELLAPIA, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 20, 1970.


Attorney(s) appearing for the Case

Herbert S. Siegal, New York City, for appellant.

Edward R. Neaher, U. S. Atty. (Edward John Boyd, V., Asst. U. S. Atty., of counsel), for appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

For ninety-seven years the Comstock Act, named after one of the nineteenth century's most vigorous moral evangelists,1 has barred from the mails all matter "obscene, lewd, lascivious, indecent, filthy or vile."2 This appeal requires us to reinterpret the Act in the light of constitutional doctrine which never illuminated the problems of obscenity legislation with glaring brightness...

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