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U. S. v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE

No. 749, Docket 76-6152.

562 F.2d 185 (1977)

UNITED STATES of America, Appellant, v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE, SCHEDULE NO. 1303, Appellee.

United States Court of Appeals, Second Circuit.

Decided September 15, 1977.

Attorney(s) appearing for the Case

Frederick P. Schaffer, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty. for the Southern District of New York, and Stuart I. Parker, Asst. U.S. Atty., New York City, of counsel), for appellant.

Joel M. Gora, New York City (American Civil Liberties Union, and Wayne N. Outten, New York University School of Law, New York City, of counsel), for appellee.

Before MOORE, SMITH and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

The Congress, obviously believing that it was reflecting the opinion of its collective constituencies throughout the Nation, has enacted a statute under the title of "Immoral articles; importation prohibited". 19 U.S.C. § 1305. Listed under (a) thereof is a curious assortment of immoral articles, e. g., those writings "advocating or urging treason or insurrection against the United States"; obscene publications; drugs for causing...

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