smith
california
argued
october
decided
december
appellant
proprietor
bookstore
convicted
violating
city
ordinance
construed
state
courts
making
absolutely
liable
criminally
mere
possession
store
book
later
judicially
determined
obscene
even
knowledge
contents
book
held
thus
construed
applied
ordinance
violates
freedom
press
safeguarded
due
process
clause
fourteenth
amendment
invasion
state
action
pp
free
publication
dissemination
books
obviously
within
constitutionally
protected
freedom
press
retail
bookseller
plays
significant
role
distribution
books
legal
devices
doctrines
applications
consistent
constitution
may
constitutionally
capable
application
application
effect
inhibiting
freedom
expression
making
persons
reluctant
exercise
pp
obscene
expression
constitutionally
protected
ordinance
imposes
unconstitutional
limitation
public
access
constitutionally
protected
matter
bookseller
criminally
liable
without
knowledge
contents
tend
restrict
books
sells
inspected
thus
restriction
imposed
upon
distribution
constitutionally
protected
well
obscene
books
pp
existence
state
power
prevent
distribution
obscene
matter
mean
constitutional
barrier
form
practical
exercise
power
hence
may
difficulty
enforcing
regulation
distribution
obscene
literature
booksellers
may
held
absolute
criminal
liability
require
different
result
pp
stanley
fleishman
sam
rosenwein
argued
cause
filed
brief
appellant
roger
arnebergh
argued
cause
appellee
brief
philip
grey
wirin
fred
okrand
filed
brief
american
civil
liberties
union
amicus
curiae
urging
reversal
justice
brennan
delivered
opinion
appellant
proprietor
bookstore
convicted
california
municipal
los
angeles
city
ordinance
makes
unlawful
person
possession
obscene
indecent
writing
book
place
business
books
sold
kept
sale
offense
defined
municipal
appellate
department
superior
affirmed
municipal
judgment
imposing
jail
sentence
appellant
consisting
solely
possession
appellant
bookstore
certain
book
found
upon
judicial
investigation
obscene
definition
included
element
scienter
knowledge
appellant
contents
book
thus
ordinance
construed
imposing
strict
absolute
criminal
liability
appellant
made
timely
objection
ordinance
construed
conflict
constitution
contention
together
contentions
based
constitution
rejected
case
comes
appeal
almost
years
ago
chief
justice
hughes
declared
longer
open
doubt
liberty
press
speech
within
liberty
safeguarded
due
process
clause
fourteenth
amendment
invasion
state
action
found
impossible
conclude
essential
personal
liberty
citizen
left
unprotected
general
guaranty
fundamental
rights
person
property
near
minnesota
familiar
citation
doctrine
respect
freedoms
ever
since
also
requires
elaboration
free
publication
dissemination
books
forms
printed
word
furnish
familiar
applications
constitutionally
protected
freedoms
course
matter
dissemination
takes
place
commercial
auspices
see
joseph
burstyn
wilson
grosjean
american
press
certainly
retail
bookseller
plays
significant
role
process
distribution
books
california
imposed
strict
absolute
criminal
responsibility
appellant
obscene
books
shop
existence
mens
rea
rule
rather
exception
principles
criminal
jurisprudence
dennis
still
doubtless
competent
create
strict
criminal
liabilities
defining
criminal
offenses
without
element
scienter
though
even
question
involved
precedent
power
without
limitations
see
lambert
california
question
validity
ordinance
elimination
scienter
requirement
elimination
may
tend
work
substantial
restriction
freedom
speech
press
decisions
furnish
examples
legal
devices
doctrines
applications
consistent
constitution
applied
settings
collateral
effect
inhibiting
freedom
expression
making
individual
reluctant
exercise
generally
may
regulate
allocation
burden
proof
courts
common
procedural
device
impose
taxpayer
burden
proving
entitlement
exemptions
taxation
conceived
device
applied
manner
tending
cause
even
restriction
free
expression
struck
application
speiser
randall
see
near
minnesota
supra
stated
usual
doctrines
separability
constitutional
unconstitutional
applications
statutes
may
apply
effect
leave
standing
statute
patently
capable
many
unconstitutional
applications
threatening
validly
exercise
rights
free
expression
expense
inconvenience
criminal
prosecution
thornhill
alabama
cf
staub
city
baxley
intimated
stricter
standards
permissible
statutory
vagueness
may
applied
statute
potentially
inhibiting
effect
speech
man
may
less
required
act
peril
free
dissemination
ideas
may
loser
winters
new
york
much
point
question
elimination
mental
element
offense
holding
wieman
updegraff
oath
past
freedom
membership
subversive
organizations
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state
qualification
public
employment
held
violate
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made
distinction
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known
organization
character
said
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scienter
context
thus
inhibit
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freedom
movement
stifle
flow
democratic
expression
controversy
one
chief
sources
principles
guide
us
decision
held
obscene
speech
writings
protected
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guarantees
freedom
speech
press
roth
ordinance
question
sure
imposes
criminal
sanctions
bookseller
fact
found
shop
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book
holding
roth
recognize
state
power
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books
obscene
think
ordinance
strict
liability
feature
tend
seriously
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even
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character
books
sold
appellee
analogize
strict
liability
penal
ordinance
familiar
forms
penal
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element
knowledge
part
person
charged
food
drug
legislation
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example
find
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examination
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us
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public
interest
purity
food
great
warrant
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highest
standard
care
distributors
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absolute
standard
hear
distributor
plea
amount
care
used
cf
balint
ignorance
character
food
irrelevant
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inhibition
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distributors
food
strictest
censors
merchandise
constitutional
guarantees
freedom
speech
press
stand
way
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bookseller
dispensing
requirement
knowledge
contents
book
part
seller
ordinance
tends
impose
severe
limitation
public
access
constitutionally
protected
matter
bookseller
criminally
liable
without
knowledge
contents
ordinance
fulfills
purpose
tend
restrict
books
sells
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thus
state
imposed
restriction
upon
distribution
constitutionally
protected
well
obscene
literature
well
observed
statute
construed
dispensing
requirement
scienter
every
bookseller
placed
obligation
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aware
contents
every
book
shop
altogether
unreasonable
demand
near
approach
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king
ewart
bookseller
burden
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public
burden
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public
access
reading
matter
restricted
contents
bookshops
periodical
stands
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material
proprietors
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might
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bookseller
limitation
amount
reading
material
familiarize
timidity
face
absolute
criminal
liability
thus
tend
restrict
public
access
forms
printed
word
state
constitutionally
suppress
directly
bookseller
compelled
state
censorship
affecting
whole
public
hardly
less
virulent
privately
administered
distribution
books
obscene
obscene
impeded
argued
unless
scienter
requirement
dispensed
regulation
distribution
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material
ineffective
booksellers
falsely
disclaim
knowledge
books
contents
falsely
deny
reason
suspect
obscenity
might
observe
time
since
law
viewed
impotent
explore
actual
state
man
mind
see
pound
role
law
harv
rev
cf
american
communications
assn
douds
eyewitness
testimony
bookseller
perusal
book
hardly
need
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element
proving
awareness
contents
circumstances
may
warrant
inference
aware
book
contained
despite
denial
need
definitely
pass
today
sort
mental
element
requisite
constitutionally
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prosecution
bookseller
carrying
obscene
book
stock
whether
honest
mistake
whether
contents
fact
constituted
obscenity
need
excuse
whether
might
circumstances
state
constitutionally
might
require
bookseller
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might
put
burden
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circumstances
might
doubtless
form
criminal
obscenity
statute
applicable
bookseller
induce
tendency
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dissemination
material
obscene
consider
today
one
goes
extent
eliminating
mental
elements
crime
said
fundamental
freedoms
speech
press
contributed
greatly
development
free
society
indispensable
continued
growth
ceaseless
vigilance
watchword
prevent
erosion
congress
door
barring
federal
state
intrusion
area
left
ajar
must
kept
tightly
closed
opened
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crack
necessary
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encroachment
upon
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interests
roth
supra
ordinance
opens
door
far
existence
state
power
prevent
distribution
obscene
matter
mean
constitutional
barrier
form
practical
exercise
power
cf
dean
milk
city
madison
plain
us
ordinance
question
though
aimed
obscene
matter
tendency
inhibit
constitutionally
protected
expression
stand
constitution
reversed
footnotes
sort
proceeding
highest
state
decision
cal
art
vi
see
edwards
california
see
hall
general
principles
criminal
law
appellate
department
opinion
cal
app
supp
ordinance
elimination
scienter
fact
reason
assigned
upholding
permissible
supplementary
municipal
legislation
contention
field
occupied
california
penal
code
obscenity
statute
requires
scienter
contentions
made
evidence
nature
constitutionally
required
allowed
given
defense
obscene
character
book
permitted
introduced
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standard
obscenity
applied
trier
facts
book
fact
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light
determination
constitutional
permissibility
strict
liability
law
circumstances
presented
case
need
pass
questions
purposes
discussion
shall
assume
without
deciding
book
correctly
adjudged
obscene
see
also
williams
criminal
law
general
part
et
seq
see
note
harv
rev
roth
opinion
also
decided
alberts
california
dealt
power
area
effectiveness
absolute
criminal
liability
laws
promoting
caution
subjected
criticism
see
hall
general
principles
criminal
law
pp
see
generally
williams
criminal
law
general
part
pp
sayre
public
welfare
offenses
rev
mueller
common
law
mens
rea
rev
morissette
prosecutions
dissemination
obscene
matter
strictly
adhered
requirement
scienter
see
discussion
attorney
general
simpson
irish
dist
cf
obscene
publications
act
eliz
american
law
institute
model
penal
code
tentative
draft
may
comments
pp
general
california
obscenity
statute
penal
code
requires
scienter
see
note
course
sustained
us
roth
supra
see
note
emphasized
roth
limited
area
interests
prevail
listed
representative
decisions
note
page
justice
black
concurring
appellant
sentenced
prison
possessing
bookstore
obscene
book
violation
los
angeles
city
ordinance
concur
judgment
holding
ordinance
unconstitutional
reasons
given
opinion
invalidates
ordinance
solely
penalizes
bookseller
mere
possession
obscene
book
even
though
unaware
obscenity
grounds
draws
constitutional
distinction
law
punishes
possession
book
knowledge
obscenity
law
punishes
without
knowledge
persuasive
grounds
conviction
bookseller
possession
obscene
book
unaware
obscenity
tend
restrict
books
sells
inspected
therefore
may
tend
work
substantial
restriction
freedom
speech
fact
course
prison
sentences
possession
obscene
books
seriously
burden
freedom
press
whether
punishment
imposed
without
knowledge
obscenity
opinion
correctly
points
little
extra
burden
imposed
prosecutors
requiring
proof
bookseller
aware
book
contents
possessed
constitution
requirement
knowledge
easily
met
result
case
one
particular
bookseller
gains
freedom
way
left
open
state
censorship
punishment
booksellers
merely
adding
new
words
old
censorship
laws
constitutional
safeguards
speech
press
therefore
gain
little
victory
pyrrhic
one
cf
beauharnais
illinois
dissenting
opinion
apparently
intended
leave
way
open
federal
state
governments
abridge
speech
press
extent
approves
also
indicated
following
statements
opinion
door
barring
federal
state
intrusion
area
freedom
speech
press
left
ajar
must
kept
tightly
closed
opened
slightest
crack
necessary
prevent
encroachment
upon
important
interests
ordinance
opens
door
far
statement
raises
number
questions
important
interests
protection
constitutional
freedom
speech
press
must
given
second
place
standard
one
determine
abridgment
speech
press
goes
far
slight
enough
constitutionally
allowable
momentous
decision
left
majority
basis
express
provision
provisions
constitution
put
freedom
speech
press
precarious
position
subordination
insecurity
certainly
first
amendment
language
leaves
room
inference
abridgments
speech
press
made
slight
amendment
provides
simple
words
congress
shall
make
law
abridging
freedom
speech
press
read
law
abridging
mean
law
abridging
first
amendment
law
land
thus
fixed
value
freedom
speech
press
putting
freedoms
wholly
beyond
reach
federal
power
abridge
provision
constitution
purports
dilute
scope
unequivocal
commands
first
amendment
consequently
believe
federal
agencies
including
congress
power
authority
subordinate
speech
press
think
important
interests
contrary
notion
judgment
state
intrusion
abridgment
freedom
speech
press
raises
different
question
since
first
amendment
terms
refers
laws
passed
congress
adhere
prior
decisions
holding
fourteenth
amendment
made
first
applicable
see
cases
collected
concurring
opinion
speiser
randall
follows
reversing
case
believe
los
angeles
ordinance
sets
censorship
violation
first
fourteenth
amendments
seems
way
national
censorship
think
timely
suggest
grave
doubts
mind
desirability
constitutionality
becoming
board
censors
reading
books
viewing
television
performances
determine
whether
permitted
might
adversely
affect
morals
people
throughout
many
diversified
local
communities
vast
country
true
ordinance
face
applicable
obscene
indecent
writing
also
true
particular
kind
censorship
considered
many
obnoxious
thing
mildest
least
repulsive
form
illegitimate
unconstitutional
practices
get
first
footing
way
duty
courts
watchful
constitutional
rights
citizen
stealthy
encroachments
thereon
boyd
obscenity
indecency
us
today
experience
mankind
ancient
modern
shows
type
elastic
phrase
likely
synonymous
political
maybe
religious
unorthodoxy
tomorrow
censorship
deadly
enemy
freedom
progress
plain
language
constitution
forbids
protest
judiciary
giving
foothold
shown
note
opinion
ordinance
makes
unlawful
possess
places
defined
obscene
indecent
writing
book
pamphlet
picture
photograph
drawing
figure
motion
picture
film
phonograph
recording
wire
recording
transcription
kind
another
concurring
opinion
said
wrong
james
madison
thomas
jefferson
attribute
view
first
amendment
places
speech
wholly
beyond
reach
federal
government
course
men
made
many
statements
subject
freedom
speech
press
long
lives
one
define
precise
views
complete
certainty
however
several
statements
madison
jefferson
indicate
may
held
view
concurring
opinion
terms
doctrinaire
absolutism
james
madison
exploring
sweep
first
amendment
limitation
federal
government
offered
bill
rights
congress
reported
said
right
freedom
speech
secured
liberty
press
expressly
declared
beyond
reach
government
emphasis
supplied
annals
cong
reports
discussions
madison
see
pp
eleven
years
later
wrote
without
tracing
farther
evidence
subject
seem
scarcely
possible
doubt
power
whatever
press
supposed
delegated
constitution
originally
stood
amendment
intended
positive
absolute
reservation
madison
writings
hunt
ed
see
generally
thomas
jefferson
views
breadth
first
amendment
prohibition
abridgment
speech
press
federal
government
illustrated
following
statement
made
first
amendment
thereby
guard
sentence
words
freedom
religion
speech
press
insomuch
whatever
violates
either
throws
sanctuary
covers
others
libels
falsehood
defamation
equally
heresy
false
religion
withheld
cognizance
federal
tribunals
jefferson
writings
ford
ed
another
early
discussion
scope
first
amendment
complete
bar
federal
abridgment
speech
press
see
george
tucker
comments
adequacy
state
forums
state
laws
grant
protection
needed
defamation
libel
blackstone
commentaries
tucker
ed
course
neither
jefferson
madison
faced
problem
case
fourteenth
amendment
passed
prohibitions
first
amendment
held
applicable
time
jefferson
madison
lived
fourteenth
amendment
passed
first
amendment
prohibit
abridging
free
speech
enactment
defamation
libel
laws
cf
barron
baltimore
pet
meaning
first
amendment
understood
two
renowned
constitutional
architects
jefferson
madison
important
case
prior
cases
holding
fourteenth
amendment
applies
first
force
brings
bear
federal
government
see
west
virginia
state
board
education
barnette
cases
collected
speiser
randall
concurring
opinion
see
beauharnais
illinois
dissenting
opinions
kingsley
international
pictures
regents
university
new
york
concurring
opinion
views
concurring
opinion
accepted
make
still
inappropriate
board
censors
whole
country
opinion
conceding
external
measuring
rod
obscenity
argues
constitution
requires
issue
obscenity
determined
basis
contemporary
community
standards
literary
psychological
moral
standards
community
argued
concurring
opinion
violates
federal
constitution
local
reject
evidence
experts
contemporary
community
standards
vague
word
obscenity
seems
odd
say
final
word
community
standards
believe
words
liberty
due
process
fourteenth
amendment
give
much
power
justice
frankfurter
concurring
appellant
convicted
violating
city
ordinance
los
angeles
prohibiting
possession
obscene
books
bookshop
conviction
affirmed
highest
california
appeal
judgment
asked
reverse
appellant
claims
three
grounds
invalidity
due
process
clause
fourteenth
amendment
urges
invalidity
ordinance
abridgment
freedom
speech
guarantee
liberty
fourteenth
amendment
safeguards
state
action
reason
california
law
holds
bookseller
criminally
liable
possessing
obscene
book
wholly
apart
scienter
part
regarding
book
obscenity
second
constitutional
infirmity
urged
appellant
exclusion
appropriately
offered
testimony
duly
qualified
witnesses
regarding
prevailing
literary
standards
literary
moral
criteria
books
relevantly
comparable
book
controversy
deemed
obscene
exclusion
deprived
appellant
claim
important
relevant
testimony
bearing
issue
obscenity
therefore
restricted
making
defense
appellant
ultimate
contention
questioned
book
obscene
bookseller
possession
forbidden
reach
neither
issue
obscenity
disposes
case
exclusively
sustaining
appellant
claim
liberty
protected
due
process
clause
fourteenth
amendment
precludes
state
making
dissemination
obscene
books
offense
merely
book
bookshop
found
obscene
without
proof
bookseller
knowledge
touching
obscenity
contents
accepts
settled
principle
constitutional
law
traffic
obscene
literature
may
outlawed
crime
holds
one
made
amenable
criminal
outlawry
unless
chargeable
knowledge
obscenity
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ago
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ch
see
parliamentary
debates
december
cols
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well
considered
thinking
subject
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code
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law
institute
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model
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code
tentative
draft
reasons
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held
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established
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copyright
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nothing
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act
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liv
iv
laws
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york
jones
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liability
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serg
rawle
maryland
statute
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publications
enacted
recited
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judgment
legislature
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bonos
mores
punishable
common
law
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law
regard
enforced
act
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md
laws
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early
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year
reign
queen
anne
well
jurisdiction
common
law
emerged
england
massachusetts
enacted
statute
provided
hat
whosoever
shall
convicted
composing
writing
printing
publishing
filthy
obscene
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song
pamphlet
shall
punished
acts
charter
province
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whether
prosecution
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commonwealth
holmes
mass
founded
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liability
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judicial
indicated
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mass
see
also
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massachusetts
censorship
iii
rev
thereafter
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act
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hawthorne
scarlet
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bitterly
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encouraged
social
licentiousness
lack
cases
merely
means
problem
obscene
literature
thought
sufficient
importance
justify
arousing
forces
state
censorship
lockhart
mcclure
literature
law
obscenity
constitution
rev
freedom
expression
suppressed
extent
closely
brigaded
illegal
action
inseparable
part
giboney
empire
storage
labor
board
virginia
power
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afford
relax
standard
test
suppresses
cheap
tract
today
suppress
literary
gem
tomorrow
need
incite
lascivious
thought
arouse
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list
books
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juries
place
category
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see
chafee
free
speech
pp
lockhart
mcclure
literature
law
obscenity
constitution
rev
daniels
censorship
books
et
seq
blanshard
right
read
et
seq
fellman
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books
see
new
american
library
world
literature
allen
supp
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man
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fourteenth
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notable
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judge
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hand
kennerley
abstract
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word
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present
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model
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may
roth
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see
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standards
judge
jury