UNITED STATES v. NEW ORLEANS BOOK MART, INC.

Crim. A. Nos. 32093, 32215, 32216, 32225, 32226, 32188.

328 F.Supp. 136 (1971)

UNITED STATES of America v. NEW ORLEANS BOOK MART, INC. and Fred Lund. UNITED STATES of America v. PEACHTREE NEWS COMPANY, Inc., New Orleans Book Mart, Inc., Robert Mitchum, and Frederic Eno-Mayhew Lund. UNITED STATES of America v. GRAVIER STREET BOOK MART, Michael G. Thevis, John C. Martin, and Peachtree News Company, Inc. UNITED STATES of America v. Michael George THEVIS, Peachtree News Company, Inc., Frederic E. Lund, and New Orleans Book Mart, Inc. (two cases). UNITED STATES of America v. Steve SCOTT.

United States District Court, E. D. Louisiana, New Orleans Division.

February 10, 1971.


Attorney(s) appearing for the Case

Michael Ellis, Asst. U. S. Atty., for plaintiff.

Jack Peebles, Metairie, La., for defendants.


RUBIN, District Judge:

Defendants, indicted for transporting obscene materials in interstate commerce, in violation of 18 U.S.C. §§ 1462 and 1465, assert that the materials cannot be considered obscene under the First Amendment, and, that the statutes are unconstitutional for a variety of reasons. An abundant record has been made. Those materials contended to be obscene are seventeen paper cover, magazine type, printed publications featuring photographs...

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