winters people state new york argued november decided march appeal special sessions city new york state new york arthur seiff new york city appellant whitman knapp new york city appellee winters people state new york justice reed delivered opinion appellant new york city bookdealer convicted misdemeanor possession intent sell certain magazines charged violate subsection new york penal law reads follows obscene prints articles person prints utters publishes sells lends gives away distributes shows possession intent sell lend give away distribute show otherwise offers sale loan gift distribution book pamphlet magazine newspaper printed paper devoted publication principally made criminal news police reports accounts criminal deeds pictures stories deeds bloodshed lust crime guilty misdemeanor upon appeal special sessions trial conviction upheld appellate division new york whose judgment later upheld new york appeals validity statute drawn question state courts repugnant fourteenth amendment constitution denied accused right freedom speech press protected state interference fourteenth amendment gitlow new york pennekamp florida principle free press covers distribution well publication lovell city griffin validity section ws upheld final judgment highest state constitutional challenge jurisdiction judicial code appeal argued october term set reargument full bench october term reargued set reargument present term appellant contends subsection violates right free speech press vague indefinite settled statute vague indefinite form interpreted permit within scope language punishment incidents fairly within protection guarantee free speech void face contrary fourteenth amendment stromberg people state california herndon lowry failure statute limiting freedom expression give fair notice acts punished statute inclusion prohibitions expressions protected principles first amendment violates accused rights procedural due process freedom speech press alleged vagueness state statute cured opinion state confining statute rem bal code punishing circulation publications tendency encourage incite commission crime actual breach law affirmed conviction stated limitation meaning accused publication read advocating commission crime indecent exposure fox washington recognize importance exercise state police power minimize incentives crime particularly field sanguinary salacious publications stimulation juvenile delinquency although dealing aspect free press relation public morals principles unrestricted distribution publications admonish us particular importance maintenance standards certainty field criminal prosecution violation statutory prohibitions distribution accede appellee suggestion constitutional protection free press applies exposition ideas line informing entertaining elusive protection basic right everyone familiar instances propaganda fiction one man amusement teaches another doctrine though see nothing possible value society magazines much entitled protection free speech best literature cf hannegan esquire equally subject control lewd indecent obscene profane ex parte jackson chaplinsky state new hampshire section penal law information filed part article law comes caption prints articles sections make punishable various acts indecency example section issue caption punishes distribution obscene lewd lascivious filthy indecent disgusting magazines section originally aimed protection minors distribution publications devoted principally criminal news stories bloodshed lust crime later broadened include population phases production possession although many similar statutes like early statutes restricting paupers changing residence lain dormant decades edwards people state california two state courts whose reports printed appear construed language laws similar involved strohm people state illinois statute suppress exhibiting minor child publications character considered conviction upheld case however apparently involve problem free speech press denial due process uncertainty fourteenth amendment state mckee considered conviction statute made criminal sale magazines publication principally made criminal news police reports pictures stories deeds bloodshed lust crime gist offense thought immoralities treated excite attention interest sufficient command circulation paper devoted mainly collection matters page page said apropos state constitutional provision free speech act violate constitutional provision relating freedom press held page page principal evil statute directed circulation massed immorality charge stated offense might committed objectionable matter leading feature paper special attention devoted publication prohibited items felt failed state full meaning statute reversed strohm case denial due process uncertainty raised face subsection involved violates rule stromberg herndon cases supra statutes include prohibitions acts fairly within protection free press void covers detective stories treatises crime reports battle carnage et cetera recognition obvious defect new york appeals limited scope construction interpretation meaning pertinent subsection given case pointing new york statutes indecent obscene publications generally construed refer sexual impurity interpreted section question forbid publications obscene different manner held collections criminal deeds bloodshed lust massed become vehicles inciting violent depraved crimes person case publications indecent obscene admissible sense page page idea opinion goes say principal reason enactment statute left open question whether statute extends accounts criminal deeds characterized bloodshed lust magazines question nothing stories pictures criminal deeds bloodshed lust statute terms extended crimes may supposed reservation account doubts validity wide prohibition declared short us accumulations details heinous wrongdoing plainly carried appeal portion public many recent records remind us disposed take vice sake appeals page page limited statute commentaries crime detective tales scientific treatises ground legislature intend literalness construction thought magazines possession caused filing information indecent sense explained occasion weigh character magazine exhibits frequently used scales printed note interpret punish distribution indecent obscene publications usual sense present magazines indecent obscene stories bloodshed lust incite crimes thus interpreting include expanded concept indecency obscenity stated opinion appeals met appellant contention invalidity indefiniteness uncertainty subsection saying page pages nature things precise test written indecency obscenity continuing changeable experience community types books likely bring corruption public morals analogous injury public order consequently question whether particular publication indecent obscene sense question times must determined matter fact unless appearances thought necessarily harmless public order morality opinion went explain publication crime magazine hazardous interpretation question degree concluded page page reasonable men may fairly classify publication necessarily naturally indecent obscene mistaken view publisher character tendency immaterial appeals authoritative interpretation made subsection applicable publications besides meeting particulars statute massed collection pictures stories bloodshed lust become vehicles inciting violent depraved crimes person thus statute forbids massing stories bloodshed lust way incite crime person construction fixes meaning statute case interpretation appeals puts words statute definitely amended legislature hebert state louisiana skiriotes florida assume defendant time acted chargeable knowledge scope subsequent interpretation compare lanzetta state new jersey lewdness publications punishable usual run stories bloodshed detective stories excluded massing incitation crime becomes important element acts gross open indecency obscenity injurious public morals indictable common law violative public policy requires offender retributionf acts flaunt accepted standards conduct bishop criminal law wharton criminal law legislative body concludes mores community call extension impermissible limits enactment aimed evil plainly within power transgress boundaries fixed constitution freedom expression standards certainty statutes punishing offenses higher depending primarily upon civil sanction enforcement crime defined appropriate definiteness pierce cantwell state connecticut must ascertainable standards guilt men common intelligence required guess meaning enactment vagueness may uncertainty regard persons within scope act lanzetta state new jersey regard applicable tests ascertain guilt new york confronted similar problems involving statutory vagueness connection free speech state diamond statute punishing act kind whatsoever purpose aim destruction organized government federal state municipal cause done act antagonistic opposition organized government incite attempt incite revolution opposition organized government construed said page page terms distinction made man advocates change form government constitutional means advocates abandonment organized government peaceful methods man advocates overthrow government armed revolution form force violence later opinion statute held void uncertainty page page statute uses words determinative meaning language general indefinite embrace acts commonly recognized reprehensible also others unreasonable presume intended made criminal declared void uncertainty state klapprott statute held invalid attack constitutionality state federal constitutional provisions protect individual freedom expression statute read follows page page person presence two persons language make utter speech statement declaration way incites counsels promotes advocates hatred abuse violence hostility group groups persons residing state reason race color religion manner worship shall guilty misdemeanor said pages page view statute supra punitive sanction tends restrict one may say lest one utterances incited advocated hatred hostility violence group reason race color religion manner worship additionally looking strict statutory construction statute definite clear precise free constitutional infirmity vague indefinite terms abstract indefinite admits contradiction arise left jury conclude beyond reasonable doubt emotion hatred hostility aroused mind listener result speaker said nothing criminal law invoked justify wide discretion criminal code must definite informative may doubt mind citizenry interdicted act conduct illicit goes far uphold state statutes deal offenses difficult define entwined limitations free expression attitude toward federal statutes definite conviction majority conviction violates fourteenth amendment justifies reversal primarily charged responsibility protect persons conviction vague state statute impossibility defining precise line permissible uncertainty statutes caused describing crimes words well understood long use criminal lewd lascivious filthy indecent unconstitutional vagueness leaves person uncertain kind prohibited stories incite resulted three arguments case legislative bodies draftsmanship obviously difficulty judicial interpretation nevertheless despite difficulties courts must best determine whether vagueness character men common intelligence must necessarily guess meaning connally general constr entire text statute subjects dealt may furnish adequate standard present case vague statute abridging free speech involves circulation vulgar magazines next may call decision free expression political views light statute intended punish subversive activities subsection new york penal law interpreted appeals prohibits distribution magazine principally made criminal news stories deeds bloodshed lust massed become vehicles inciting violent depraved crimes person even considerin gloss put upon literal meaning appeals restriction statute collections stories massed become vehicles inciting violent depraved crimes person necessarily sexual passion find specification publications prohibited distribution uncertain indefinite justify conviction petitioner even though detective tales treatises criminology forbidden though publications made criminal deeds characterized bloodshed lust omitted interpretation appeals think fair use collections pictures stories interdicted utter impossibility actor trier know new standard guilt draw line allowable forbidden publications intent purpose indecency obscenity sense heretofore known law massed incite crime become meaningful concrete instances one example enough clause proposes punish printing circulation publications courts juries may think influence generally persons commit crime violence person conspiracy commit crime required see musser state utah term effective notice new crime clause technical common law meaning light meaning gained section whole article penal law appears said cohen grocery case supra page page leaves open therefore widest conceivable inquiry scope one foresee result one foreshadow adequately guard statute construed appeals limit punishment indecent obscene formerly understood stories deeds bloodshed many accused magazines massed incite violent crimes statute violated seem us honest distributor publications know might held ignored prohibition collections tales war horrors otherwise unexceptionable might well found become inciting violent depraved crimes statute vague make criminal innocent act conviction sustained herndon lowry say state may punish vague statute carries implication may punish circulation objectionable printed matter assuming protected principles first amendment use apt words describe prohibited publications section subsection quoted note example neither congress prevented requirement specificity carrying duty eliminating evils judgment publications give rise reversed justice frankfurter joined justice jackson justice burton dissenting today decision strikes enactment part laws new york sixty new york one twenty legislation four statutes like tenor brought question decision variations nicety preclude one saying four enactments necessarily fall within condemnation decision legilsation also sixty years old latest statutes differentiated new york law state washington dates deserves also noted legislation judicially apl ied sustained nearly fifty years ago see state mckee instance pressure proximity propaganda led enactment measure concentrated region impressiveness number law statute books reinforced distribution throughout country time range adoption measure cf hughes west coast hotel parrish statutes fall derived derived act june minors iowa code derived acts minors derived derived similar derived minors art derived mass derived acts resolves minors pub laws act derived derived minors derived act april minors derived act march derived derived minors penal law art derived derived similar ohio code derived similar derived act similar derived derived derived following statutes somewhat similar may necessarily rendered unconstitutional decision instant case derived act april burns derived derived penal code art derived acts body laws represents one many attempts legislatures solve perhaps persistent intractable elusive demanding problems problem crime particularly prevention decision invalidates legislation almost half union destructiveness decision even one situations power denied belongs nation enactments invalidated ground fall within prohibitions contours due process clause decision thus operates equally limitation upon congressional authority deal crime especially juvenile delinquency consequences result belief new york among score prohibited empty meaning one desirous obeying law fairly aware prohibited fundamental fairness course requires people given notice avoid purpose statute undisclosed legislature revealed offends reason punishment meted conduct time commission forbidden understanding wished observe law requirement fair notice boundary prohibited conduct overstepped included conception process law legal jargon failure give forewarning say statute void quantitative concept even technical concept definite components indefinite concept thing abstract sufficiency requirement expressed term may ascertained requirement fair notice conduct may entail punishment whether notice depends upon subject matter relates unlike abstract stuff mathematics quantitatively ascertainable elements much natural science legislation greatly concerned multiform psychological complexities individual social conduct accordingly demands upon legislation responses variable multiform may appear vague even meaningless one subject matter may definite another subject matter legislation permits legislative power dealw ith subject altogether denied statute books every state full instances may look like unspecific definitions crime drawing wide circles prohibited conduct matters legislatures confronted dilemma law framed narrow particularity easy opportunities afforded nullify purposes legislation legislation drafted terms vague ascertainable line drawn advance innocent condemned conduct purpose legislation enforced purpose defined merely enactment tax measures task reconciling avoiding throttling particularity unfair one delicate difficult confronting legislators reconciliation two contradictories necessarily empiric enterprise largely depending nature particular legislative problem risks innocent run caught net designed important policy legislation really like pursue innocent conduct likely caught unaware easy explicitly particular necessary leave somewhat penumbral margin sufficiently revealed condemned want sail close shore questionable conduct like questions confront legislative draftsmen answers questions found legislative manual work great legislative draftsmen found opinions questions judgment peculiarly within responsibility competence legislatures discharge responsibility set naught abstract notions action today invalidating legislation support almost half union rests essentially abstract notions opinion written one never read issues detective basis prosecution us never deemed contents relevant form new york legislation cast never considered bearing juvenile delinquency allowable judgment legislature abstractions disregard considerations may well moved justified state explicit state enactments abstract notions reject judgment outlawed right outlaw effort curb crimes lust violence done recklessly occasion real hazard publications thereby inhibited also subjected prosecution brings immediate problem focus one deny assume new york may punish crimes lust violence presumably also may take appropriate measures lower crime rate must bold man indeed confident knows causes crimes whose lives devoted understanding problem certain uncertain regarding role various alleged crime bibliographies criminology reveal depressing volume writings theories causation see kuhlman guide material crime criminal justice item nos culver bibliography crime criminal justice item nos item nos seriously questioned however state new york congress may make incitement crime offense indeed bold man denied incitement may caused written word less spoken fourteent amendment enact herbert spencer social statics holmes dissenting lochner state new york neither enact psychological dogmas spencerian era painful experience resulted confusing economic dogmas constitutional edicts repeated finding constitutional barriers state policy regarding crime may run counter inexpert psychological assumptions offend presuppositions regarding incitements crime relation curtailment utterance ready assume pronounce causative factors mental disturbance relation crime without formally professing may actually invalidating legislation dealing problems make magazines case concerned part opinion play without hamlet sufficiently summarizes one aspect state new york condemned says see nothing possible value society magazines jumps conclusion nevertheless much entitled protection free speech best literature wholly neutral futilities course come protection free speech fully keats poems donne sermons say magazines possible value society half truth merely denies goodness disregards mischief result appropriate judicial determination magazines found come within prohibition law inciting depraved crimes person defendant convicted exposed sale materials essence decision gives publications possible value society constitutional protection denies power prevent grave evils rational judgment publications give rise legislatures new york concerned evils neutral abstractions harmlessness new york appeals merely resting might done deepseated conviction existence evil appropriate means checking drew experience revealed recent records criminal convictions understanding practical concrete reasons led legislatures score pass enactments struck new york appeals thus spoke extensive knowledge regarding incitements crimes violence matters local experience said carry greatest weight denying state authority adjust legislation local needs new york peculiar concluding pictures stories criminal deeds bloodshed lust unquestionably massed become vehicles inciting violent depraved crimes person page page recent murder case high australia sheds light considerations may well induced legislation us basis new york appeals sustained validity murder committed lad turned seventeen years age victim driver taxicab quote following opinion justice dixon evidence voir dire graham friend defendant apparently reliable witness said knew boyd sinclair murderer moods well left boyd number occasions outlined plans embarking life crime plan based mainly magazine thrillers reading time included obtaining motor car automatic gun sinclair king thrillers hardly characterizes new york outlawed new york lay hold publications merely principally made criminal news police reports accounts criminal deeds regardless manner treatment appeals authoritatively informed us aim publication must incitation depraved crimes person massing stories criminal deeds bloodshed lust encourage like deeds others sheer dogmatism field within professional competence judges deny new york legislature right believe intent type publications proscribed cater morbid immature chronologically permanently immature sheer dogmatism deny instances case young boyd sinclair deeply embedded unconsicious impulses may discharged destructive often fatal action legislation like new york enacted upon belief evils arbitrary measure extent estimate legislature tanner little fails give enough force influence evils new york legislature concerned conduct habit enough insiduous potentialities rast van deman lewis day indicated order support constitutionality legislation need employ old practice preambles accompanied memorandum explanation setting forth reasons enactment see woods cloyd miller accordingly new york statute challenged want due process score must considered us though legislature thus spelled convictions beliefs enactment whereas believe destructive adventurous potentialities boys adolescents adults weak character leading drab existence often stimulated collections pictures stories criminal deeds bloodshed lust massed incite violent depraved crimes person whereas believe juveniles susceptible characters fact commit crimes least partly incited publications purpose exploit susceptible characters whereas belief even though capable statistical demonstration supported experience well opinions specialists qualified express opinions regarding criminal psychology disproved others whereas event nothing possible value society publications gain state whether edification enlightenment amusement good kind whereas possibility harm restricting free utterance harmless publications remote negligible consequence dealing evil publications concerned therefore enacted unless say beliefs intrinsically reasonably entertainable legislature record disproves facts must take judicial notice preclude legislature entertaining views must assume legislature dealing real problem touching commission crime fanciful evils te measure adapted serious evils addressed validity legislative beliefs importance rejected hand surely prepared say new york prohibit traffic publications exploiting deeds bloodshed lust become vehicles inciting violent depraved crimes person laws sustained outlawing utterance far less confined washington statute directed printed matter tending encourage advocate disrespect law judged found wanting broad lines understand state implication least read statute confined encouraging actual breach law therefore argument act unjutifiable restriction liberty vague criminal law must fail appear likely statute construed prevent publications merely tend produce unfavorable opinions particular statute law general present case disrespect law encouraged disregard overt breach technically criminal act accord usages english interpret disrespect manifested disrespect active disregard going beyond line drawn law happened yet see reason believe statute stretched beyond point statute construed going farther necessary go order bring defendant within trouble want definiteness fox washington short respected policy state recognizing practical application state gave statute case rejected constitutional invalidity based remote possibility language statute abstractly considered might applied unbridled looseness since congress may take measures depraved crimes claimed process law bars measures incitement crimes power deal incitement congress must allowed effective means translating policy law doubt law presents difficulties draftsmanship publications instruments incitement problem avoid condemnation unbounded neither text statute subject matter affords standard sort cohen grocery legislation must put people notice kind conduct refrain legislation must also avoid tight phrasing leave area evasion ampler condemned escape one hand law rendered futile standard afforded conduct judged law particularized defeat opportunities affords evasion involves exercise judgment heart legislative process calls accommodation delicate factors accommodation legislature make us respect concerns subject clearly within scope police power control crime asked declare void law expresses balance struck legislature ground legislature expressed policy clearly enough gets alternatives open new york legislature course conclude publications us vehicles inciting violent depraved crimes surely new york entitled believe otherwise impose belief even entertained print pictures found effective means inciting crime minds open stimulation gives judges competence say print pictures may constitutionally outlawed judges deem print pictures judgment half union operate incitements crime enjoy constitutional prerogative occasion presumed act authoritative faculty chemistry result fortunate see burns baking bryan ventured view reasonable breadmaking considering extent whole domain psychological inquiry recently transformed largely transformation still pioneer stage suppose feel even less confidence views psychological issues events prefer psychological bottom judgment psychological matters underlies legal issue implicit impressive body enactments explicitly given new york appeals abundance experience reason sustaining legislation nullifying told new york expressed policy looks like law law vague meaningless suppose new york legislature wishes meet objection standard definiteness furnish new york legislature finding indefiniteness present law new york legislature enumerate name publications judgment violent depraved crimes new york legislature spell detail ingredients stories pictures accomplish condemned law leaves men dark meant publications exploit deeds bloodshed lust thereby violent depraved crimes real risk conan doyles edgar allen poes william rougheads ordinary tribe detective story writers publishers booksellers run insofar uncertainty uncertainty derives terms condemnation application standard conduct varying circumstances different cases due process clause preclude fallibilities judgment administration justice men penal codes loaded prohibitions conduct depending ascertainment fallible judges juries man intent ascertainment without man inner thoughts feelings purposes course man runs risk jury peers misjudge justice holmes given conclusive answer suggestion due process clause protects hazard law full instances man fate depends estimating rightly jury subsequently estimates matter degree judgment wrong may incur fine short imprisonment may incur penalty death nash countered uncertainty standard application objectionable legislation long history inadmissible recent laws another way saying new circumstances new insights lead new legislation due process clause denies legislatures power frame legislation regard subject matter legislatures past neither constitution legislation formulate legal principles courts must pronounce find impossible impose upon duty definiteness decision exacts legislatures led error may respectfully suggest confusing want certainty outcome different prosecutions similar conduct want definiteness law prohibits diversity result similar conduct different trials statute unavoidable feature criminal justice long diversities designed consequences due merely human fallibility deprive persons due process law considering whether new york struck allowable balance right legislate field closely related basic function government duty protect innocent punished crossing line wrongdoing without awareness relevant note legislation upheld putting people sufficient notice astutely alert hazards vaguely phrased penal laws zealously protective individual rights see people phyfe people briggs people shakun people grogan circumstances case make particularly relevant remind even confident judgment invalidity legislation vague ground certitude test certainty men may reasonably differ whether state given sufficient notice outlawing exploitation criminal potentialities sufficient according repeated pronouncements lead us abstain denying power deserves repeated denying power order leave nation denying power decision congress denied power part effort grapple problems juvenile delinquency washington prohibit twenty seen fit outlaw moreover decision like destructive momentum much beyond statutes new york immediately involved judicial nullification checks related legislation might deem highly desirable matter policy might find unconstitutional almost last word first justice holmes admonished employing process law strike enactments though supported grounds may commend judges hardly deemed offensive reason merely domain economics legislative judgment subtly supplanted judicial judgment believe amendment intended give us carte blanche embody economic moral beliefs prohibitions wrote justice holmes summing protest nearly thirty years using fourteenth amendment cut constitutional rights baldwin state missouri dissenting indeed justice holmes good guide deciding case three opinions speaking dealt problem relation requirement due process indicated directions followed criteria applied pursuit directions due regard criteria require hold new york legislature offended limitations due process clause placed upon power counteract avoidable incitements violent praved crimes reference already made first trilogy nash supra repelled objection sherman law note vague inoperative criminal side opinion rested largely critical analysis requirement criminal statutes drawn due process clause already quoted admonishing generalization law full instances man fate depends estimating rightly jury subsequently estimates matter degree page page inasmuch common law restraint trade sherman law opinion nash case also drew support suggestion language criminal statute might otherwise appear nite may derive definiteness past usage much definiteness common law restraint trade imparted rule reason guiding consideration applying sherman law may gathered fact since nash case substantially divided least dozen cases determining whether particular situation fell within undefined limits sherman law opinion case invokes doctrine uncertainty criminal statutes words long use criminal law assumes use gives assurance clear meaning believe law reports permit one say statutes condemning trade much unequivocal guides conduct statute furnishes cast less risk rightly judges juries decide legislation second series cases international harvester kentucky likewise concerned legislation case brought statute quite different sherman law however indefinite terms latter whereby throws upon men risk rightly estimating matter degree possible due care keep line safety kentucky statute amount care give safety compel men wrote justice holmes guess peril indictment community given commodities continually changing conditions uncertain extent divine prophetically reaction partially determinate facts upon imaginations desires purchasers exact gifts mankind possess pages pages vast difference kentucky statute new york law far forewarnn goes needs laboring teaching nash harvester cases violative due process law legislature framing criminal law cast upon public duty care even caution provided sufficient warning one bent obedience comes near proscribed area last opinion subject justice holmes applied teaching behalf unanimous wurzbach case sustained validity federal corrupt practices act wrote relevant matter hand fully quoted argued length statute extended beyond political purposes control congress vague valid objection uncertainty concerning persons embraced need trouble us doubt words include representatives difficulty far intimating time enough consider raised someone concerns objection meaning purposes open even accepted limitations make law satisfactory respondent counsel imagine one search trouble feel wherever law draws line cases near opposite sides precise course line may uncertain one come near without knowing thinks familiar criminal law make take risk nash word needs said regarding lanzetta state new jersey case involved new jersey statute type seek control statutes class view familiar abuses put see note definiteness designedly avoided allow net cast large enable men caught vaguely undesirable eyes police prosecution although chargeable particular offense short statutes laws fenced text statute subject matter give notice conduct avoided conclude new york legislation us exceeded constitutional power control crime strikes laws forbid publications inciting crime within constitutional immunity free speech effect trust state tribunals ultimately safeguard inoffensive publications condemnation legislation every legislative limitation upon utterance however valid may particular case serve inroad upon freedom speech constitution protects see cantwell connecticut justice holmes dissent abrams decision concerned solely validity statute opinion restricted issue footnotes counts information upon appellant convicted charged state opinions show violation subsection example follows count district attorney aforesaid information accuse said defendant crime unlawfully possessing obscene prints committed follows said defendant day year aforesaid city county aforesaid intent sell lend give away show unlawfully offer sale distribution possession intent sell lend give away show certain obscene lewd lascivious filthy indecent disgusting magazine entitled detective true cases police blotter june devoted publication principally made criminal news police reports accounts criminal deeds pictures stories deeds bloodshed lust crime person sells lends gives away distribue shows offers sell lend give away distribute show possession intent sell lend distribute give away show advertises manner otherwise offers loan gift sale distribution obscene lewd lascivious filthy indecent disgusting book magazine pamphlet newspaper story paper writing paper picture drawing photograph figure image written printed matter indecent character guilty misdemeanor ch new york laws ch new york laws ch new york laws connally general const enough present purposes say generally decisions upholding statutes sufficiently certain rested upon conclusion employed words phrases technical special meaning well enough known enable within reach correctly apply meaning notwithstanding element degree definition estimates might differ broadly stated chief justice white cohen grocery reasons found result either text statutes involved subjects dealt standard sort afforded cohen grocery champlin refining corporation commission smith cahoon omaechevarria state idaho oil state texas petrillo gorin hygrade provision sherman mutual film corporation ohio industrial commission screws original statute twice since amended minor details present form reads follows obscene prints articles person prints utters publishes sells lends gives away distributes shows possession intent sell lend give away distribute show otherwise offers sale loan gift distribution book pamphlet magazine newspaper printed paper devoted publication principally made criminal news police reports accounts criminal deeds pictures stories deeds bloodshed lust crime guilty misdemeanor legilsation neither casual enactment passing whim shown whole course history original statute passed result campaign new york society supression vice new york society prevention cruelty children see soc suppression vice id id id pp former organization least sought legislation covering many types literature conduct see id pp id pp hand limitation statute sales children removed recently found desirable add remedies available state combat type literature statute conferred jurisdiction upon instance chief executive community enjoin sale distribution literature code additional constitutional problems might raised injunctions cf near state minnesota ex rel olson course us since opinion filed repealing provision called attention course statistics reliable knowledge incidence violations laws extent enforcement suffice say highest courts three industrialized statesäconnecticut illinois new yorkähave legislation assumes similar construction essentially laws see shoe machinery steel corporation reading american column lumber maple flooring mfrs cement mfrs protective trenton potteries interstate circuit oil underwriters associated press line material