redrup state argued decided may rehearing denied june see sam rosenwein burbank petitioner redrup richard uviller new york city respondent state new york stanley fleishman hollywood petitioner austin john browning frankfort respondent state kentucky emanuel redfield new york city appellant gent et al fletcher jackson little rock appellee state arkansas per curiam three cases arise recurring conflict asserted state power suppress distribution books magazines criminal civil proceedings guarantees first fourteenth amendments constitution redrup new york petitioner clerk new york city newsstand plainclothes patrolman approached newsstand saw two paperback books pool shame asked name petitioner handed books collected price result transaction petitioner charged new york city criminal violating state criminal law convicted conviction affirmed appeal austin kentucky petitioner owned operated retail bookstore newsstand paducah kentucky woman resident paducah purchased two magazines petitioner store asking heels spree result transaction petitioner stands convicted kentucky courts violating criminal law state gent arkansas prosecuting attorney eleventh judicial district arkansas brought civil proceeding state certain issues various magazines declared obscene enjoin distribution obtain judgment ordering surrender destruction magazines proceeded gent swank bachelor modern man cavalcade gentleman ace sir county chancery entered requested judgment trial advisory jury arkansas affirmed minor modifications none cases claim statute question reflected specific limited state concern juveniles see prince commonwealth massachusetts cf butler state michigan none suggestion assault upon individual privacy publication manner obtrusive make impossible unwilling individual avoid exposure cf breard city alexandria public utilities district columbia pollak none evidence sort found significant ginzburg ii originally limited review cases certain particularized questions upon hypothesis material involved case character described constitutional sense book named cleland memoirs woman pleasure attorney general com massachusetts concluded hypothesis upon wic originally proceeded invalid accordingly cases decided upon common controlling fundamental constitutional basis without prejudice questions upon review originally granted concluded short distribution publications cases protected first fourteenth amendments governmental suppression whether criminal civil personam rem two members consistently adhered view state utterly without power suppress control punish distribution writings pictures upon ground third held opinion state power area narrowly limited distinct clearly identifiable class material others subscribed dissimilar standard holding state may constitutionally inhibit distribution literary material obscene unless dominant theme material taken whole appeals prurient interest sex material patently offensive affronts contemporary community standards relating description representation sexual matters material utterly without redeeming social value emphasizing elements must coalesce material proscribed unless found utterly without redeeming social value book named clelands memoirs woman pleasure attorney general com massachusetts another justice viewed value element independent factor judgment obscenity dissenting opinion whichever constitutional views brought bear upon cases us clear judgments stand accordingly judgment case reversed ordered judgments reversed justice harlan justice clark joins dissenting two cases redrup new york austin kentucky taken consider standards governing application scienter requirement announced smith people state california obscenity prosecutions held defendant criminally charged purveying obscene material must shown kind knowledge character material quality knowledge however defined third case gent arkansas taken consider validity comprehensive arkansas statute light doctrines restraint writs certiorari redrup austin notation probable jurisdiction gent respectively limited issues thus laying aside purposes cases permissibility state determinations obsceniy challenged publications accordingly obscenity vel non publications cussed briefs oral arguments parties three cases argued together beginning term today rules materials constitutionally adjudged obscene thus rendering adjudication issues unnecessary short disposes cases issue deliberately excluded review refuses pass questions brought cases opinion dispositions reflect well processes think issues cases taken decided failing prefer cast vote dismiss writs redrup austin improvidently granted circumstances dismiss appeal gent lack substantial federal question deem appropriate defer expression views questions brought occasion prepared come grips issues footnotes law mckinney consol laws kentucky appeals denied plenary review petitioner conviction chief justice dissenting ark redrup new york austin kentucky gent arkansas cases us contention publications involved basically protected first fourteenth amendments timely unsuccessfully asserted state proceedings cases contention properly explicitly presented review see ginzburg dissenting opinions jacobellis state ohio concurring opinion roth dissenting opinion see ginzburg dissenting opinion see also magrath obscenity cases grapes roth review