ST. MARTIN'S PRESS, INC. v. CAREY

Nos. 780, 950 and 951, Dockets 77-7603, 77-7623 and 78-7027.

605 F.2d 41 (1979)

ST. MARTIN'S PRESS, INCORPORATED, Crutcher and Newman Book Sellers, Inc., and Patricia Ince, Plaintiffs-Appellees, v. Hugh L. CAREY, Individually and as Governor of the State of New York, Defendant, and Robert M. Morgenthau, Individually and as District Attorney for the County of New York of the State of New York, Carl A. Vergari, Individually and as the District Attorney of the County of Westchester of the State of New York, and Patrick Henry, Individually and as District Attorney of the County of Suffolk of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 10, 1979.


Attorney(s) appearing for the Case

Peter L. Zimroth, Chief Asst. Dist. Atty., New York City (Norman A. Bloch, Asst. Dist. Atty., New York City, on the brief), for defendant-appellant Robert M. Morgenthau.

Roy Gainsburg, New York City (David N. Kaye and Szold, Brandwen, Meyers & Altman, New York City, on the brief), for plaintiff-appellee St. Martin's Press, Inc.

Kenneth P. Norwick, New York City (Norwick, Raggio, Jaffe & Kayser, New York City, on the brief), for plaintiffs-appellees Crutcher and Newman Book Sellers, Inc. and Patricia Ince.

Steven A. Hovani, Asst. Dist. Atty., Riverhead, N.Y., for defendant-appellant Patrick Henry.

Henry R. Kaufman, New York City, for amici curiae Ass'n of American Publishers, Inc.

Before WATERMAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

In 1975, appellee, St. Martin's Press, commenced publication of the English edition of a book called Show Me!, originally published in Germany by an "educationally and religiously oriented publishing firm." The book consists largely of full-page photographs of naked adults and children, and a number of the photographs are of a sexual or sex-oriented nature. The publishers assert that the photographs, which were taken in Germany...

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