ginsberg new york argued january decided april appellant operates stationery store luncheonette convicted selling girlie magazines boy violation new york penal law statute makes unlawful knowingly sell minor picture depicts nudity harmful minors magazine contains pictures taken whole harmful minors appellant conviction affirmed appellate term denied leave appeal new york appeals held magazines involved obscene adults appellant barred selling persons years age older pp obscenity within area protected speech press roth issue obscenity material involved appellant argue magazines harmful minors constitutionally impermissible new york statute accord minors years age restricted right assured adults judge determine sex material may read see pp state power adjust definition obscenity applied minors even invasion protected freedoms power state control conduct children reaches beyond scope authority adults prince massachusetts pp constitutional interpretation consistently recognized parents claim authority rearing children basic society legislature properly conclude primarily responsible children entitled support laws designed aid discharge responsibility state independent interest protecting welfare children safeguarding abuses pp say statute defining obscenity basis appeal minors rational relation objective safeguarding minors harm pp subsections void vagueness pp new york appeals bookcase broderick construed definition obscenity harmful minors subsection virtually identical recent statement elements obscenity memoirs massachusetts accordingly definition gives adequate notice prohibited offend due process requirements since new york legislature attention drawn people finkelstein defined nature scienter new york general obscenity statute considered may inferred reference provision subsection knowledge character content material incorporates gloss given term character people finkelstein provision ii subsection expressly defendant must acquitted ground honest mistake proves made reasonable bona fide attempt ascertain true age minor emanuel redfield argued cause appellant brief benjamin winston william cahn argued cause appellee brief george danzig levine briefs amici curiae urging reversal filed osmond fraenkel edward ennis melvin wulf alan levine american civil liberties union et morris abram jay greenfield council periodical distributors associations horace manges marshall berger american book publishers council irwin karp authors league america brief amicus curiae urging affirmance filed charles keating james clancy citizens decent literature justice brennan delivered opinion case presents question constitutionality face new york criminal obscenity statute prohibits sale minors years age material defined obscene basis appeal whether obscene adults appellant wife operate sam stationery luncheonette bellmore long island lunch counter among things also sell magazines including girlie magazines appellant prosecuted two informations two counts charged personally sold boy two girlie magazines two dates october violation new york penal law tried judge without jury nassau county district found guilty counts judge found magazines contained pictures depicted female nudity manner defined subsection showing female buttocks less full opaque covering showing female breast less fully opaque covering portion thereof top nipple pictures harmful minors within meaning subsection quality representation nudity predominantly appeals prurient shameful morbid interest minors ii patently offensive prevailing standards adult community whole respect suitable material minors iii utterly without redeeming social importance minors held sales boy therefore constituted violation knowingly sell minor picture depicts nudity harmful minors magazine contains pictures taken whole harmful minors conviction affirmed without opinion appellate term second department appellant denied leave appeal new york appeals appealed noted probable jurisdiction affirm obscenity within area protected speech press roth test subsection judging obscenity material sold minors variable formulation determining obscenity roth stated plurality opinion memoirs massachusetts appellant primary attack upon leveled power state adapt memoirs formulation define material obscenity basis appeal minors thus exclude material defined area protected expression makes argument magazines harmful minors within definition subsection thus issue presented concerning obscenity material involved roth supra new york appeals upheld legislature power employ variable concepts obscenity case challenge state power enact law also addressed bookcase broderick appeal dismissed want properly presented federal question sub nom bookcase leary sustaining state power enact law appeals said bookcase broderick aterial protected distribution adults necessarily constitutionally protected restriction upon dissemination children words concept obscenity unprotected matter may vary according group questionable material directed quarantined state exigent interest preventing distribution children objectionable material exercise power protect health safety welfare morals community barring distribution children books recognized suitable adults occasion case consider impact guarantees freedom expression upon totality relationship minor state cf gault enough purposes case inquire whether constitutionally impermissible new york insofar accord minors restricted right assured adults judge determine sex material may read see conclude say statute invades area freedom expression constitutionally secured minors appellant argues invasion protected rights constitutionally indistinguishable invasions nebraska statute forbidding children study german struck meyer nebraska oregon statute interfering children attendance private parochial schools struck pierce society sisters statute compelling children religious scruples give flag salute struck west virginia state board education barnette reject argument regard new york regulation defining obscenity basis appeal minors involving invasion minors constitutionally protected freedoms rather simply adjusts definition obscenity social realities permitting appeal type material assessed terms sexual interests minors mishkin new york bookcase broderick supra state power make adjustment seems clear recognized even invasion protected freedoms power state control conduct children reaches beyond scope authority adults prince massachusetts prince sustained conviction guardian girl members sect jehovah witnesses violating massachusetts child labor law permitting girl sell sect religious tracts streets boston children course subject within state constitutional power regulate view two interests justify limitations upon availability sex material minors least rational legislature find minors exposure material might harmful first constitutional interpretation consistently recognized parents claim authority household direct rearing children basic structure society cardinal us custody care nurture child reside first parents whose primary function freedom include preparation obligations state neither supply hinder prince massachusetts supra legislature properly conclude parents others teachers example primary responsibility children entitled support laws designed aid discharge responsibility indeed subsection ii expressly recognizes parental role assessing material harmful minors according prevailing standards adult community whole respect suitable material minors moreover prohibition sales minors bar parents desire purchasing magazines children state also independent interest youth new york appeals squarely bottomed decision interest bookcase broderick supra judge fuld chief judge fuld also emphasized significance earlier case people kahan struck first version grounds vagueness concurring opinion said supervision children reading may best left parents knowledge parental control guidance always provided society transcendent interest protecting welfare children justify reasonable regulation sale material therefore altogether fitting proper state include statute designed regulate sale pornography children special standards broader embodied legislation aimed controlling dissemination material adults section law legislative finding material condemned basic factor impairing ethical moral development youth clear present danger people state doubtful finding expresses accepted scientific fact obscenity protected expression may suppressed without showing circumstances lie behind phrase clear present danger application protected speech roth supra sustain state power exclude material defined obscenity requires able say irrational legislature find exposure material condemned statute harmful minors meyer nebraska supra able say children knowledge german language reasonably regarded harmful said us minors reading seeing sex material sure lack studies purport demonstrate obscenity basic factor impairing ethical moral development youth clear present danger people state growing consensus commentators studies agree causal link demonstrated equally agreed causal link disproved either demand legislatures scientifically certain criteria legislation noble state bank haskell therefore say defining obscenity material basis appeal minors rational relation objective safeguarding minors harm ii required smith california prohibits sales made knowingly challenge scienter requirement subsection centers definition knowingly insofar includes reason know belief ground belief warrants inspection inquiry character content material described herein reasonably susceptible examination defendant ii age minor provided however honest mistake shall constitute excuse liability hereunder defendant made reasonable bona fide attempt ascertain true age minor passed new york appeals decided people finkelstein read requirement scienter new york general obscenity statute penal law constitutional requirement scienter sense knowledge contents material rests necessity avoid hazard constitutionally protected material compensate ambiguities inherent definition obscenity mishkin new york supra appeals finkelstein interpreted require vital element scienter defined requirement terms reading statute whole clearly indicates manner aware character material attempt distribute punished innocent calculated purveyance filth exorcised emphasis supplied mishkin new york supra held challenge validity founded smith california supra foreclosed light construction new york legislature attention directed people finkelstein defining nature scienter required sustain statute leg ann may therefore infer reference provision knowledge character content material described herein incorporates gloss given term character people finkelstein circumstance mishkin requires rejection appellant challenge provision makes unnecessary us define today sort mental element requisite constitutionally permissible prosecution smith california supra appellant also attacks provision ii impermissibly vague attack however leveled proviso according defendant defense honest mistake age minor appellant argues statute tell bookseller effort must make excused argument wholly without merit proviso expressly defendant must acquitted ground honest mistake defendant proves made reasonable bona fide attempt ascertain true age minor cf penal law supra affirmed appendix opinion exposing minors harmful materials definitions used section minor means person age seventeen years nudity means showing human male female genitals pubic area buttocks less full opaque covering showing female breast less fully opaque covering portion thereof top nipple depiction covered male genitals discernibly turgid state sexual conduct means acts masturbation homosexuality sexual intercourse physical contact person clothed unclothed genitals pubic area buttocks person female breast sexual excitement means condition human male female genitals state sexual stimulation arousal abuse means flagellation torture upon person clad undergarments mask bizarre costume condition fettered bound otherwise physically restrained part one clothed harmful minors means quality description representation whatever form nudity sexual conduct sexual excitement sadomasochistic abuse predominantly appeals prurient shameful morbid interest minors ii patently offensive prevailing standards adult community whole respect suitable material minors iii utterly without redeeming social importance minors knowingly means general knowledge reason know belief ground belief warrants inspection inquiry character content material described herein reasonably susceptible examination defendant ii age minor provided however honest mistake shall constitute excuse liability hereunder defendant made reasonable bona fide attempt ascertain true age minor picture photograph drawing sculpture motion picture film similar visual representation image person portion human body depicts nudity sexual conduct abuse harmful minors book pamphlet magazine printed matter however reproduced sound recording contains matter enumerated paragraph subdivision two hereof explicit detailed verbal descriptions narrative accounts sexual excitement sexual conduct abuse taken whole harmful minors violation provision hereof shall constitute misdemeanor appendix opinion cal pen code supp rev stat ann stat rev supp del code tit stat ann supp code ann supp hawaii rev laws idaho code ann supp ann supp iowa code ann rev stat supp la rev stat supp rev stat tit md ann code art supp mass laws supp stat ann supp mo ann stat supp mont rev codes ann supp neb rev stat cum supp rev stat rev stat ann supp stat ann supp stat supp cent code ohio rev code ann supp stat tit supp stat tit supp laws ann supp code ann supp tex pen code arts supp utah code ann supp stat tit code ann supp code ann wyo stat ann footnotes case moot appellant might sentenced one year imprisonment fine penal law trial judge however exercised authority penal law may suspended sentence counts new york code criminal procedure judge thereafter recall appellant impose sentence within one year may judge although pierre held criminal case become moot petitioner finished serving sentence direct review pierre also recognized case moot petitioner shown either state federal law penalties disabilities imposed result judgment satisfied state new york concedes brief addressed mootness certain disabilities flow conviction brief among possibility ineligibility licensing state municipal license laws regulating various lawful occupations since argument parties advised although first time appellant convicted crime conviction might result revocation license required municipal law prerequisite engaging luncheonette business carries bellmore new york bellmore unincorporated village within town hempstead long island leg man town licensing ordinance provides commissioner buildings may suspend revoke license issued discretion conviction crime town hempstead eff december circumstances case moot since conviction may entail collateral consequences sufficient bring case within pierre exception see fiswick able reach conclusion tannenbaum new york jacobs new york appeals dismissed moot tannenbaum contention convictions repealed entailed collateral consequences jacobs appeal dismissed motion state alleged inter alia new york law impose penalty upon conviction misdemeanor issue appellant show contend license might revoked conviction crime asserted conviction might basis suspension provision administrative code city new york requiring department licenses assure motion picture theaters conducted manner offensive public morals one magazines issue magazine sir held gent arkansas decided redrup new york arkansas statute reflect specific limited state concern juveniles unconstitutional insofar applied suppress distribution another issue magazine cases turned findings nonobscenity type magazine include central magazine sales conner city hammond potomac news mazes ohio quantity books kansas books aday avansino new york sheperd new york friedman new york keney new york see also rosenbloom virginia sunshine book summerfield people tannenbaum dismissed moot concept variable obscenity developed lockhart mcclure censorship obscenity developing constitutional standards rev authors state variable obscenity furnishes useful analytical tool dealing problem denying adolescents access material aimed primary audience sexually mature adults variable obscenity focuses attention upon primary peripheral audiences varying circumstances provides reasonably satisfactory means delineating obscene circumstance suggestions legislatures might give attention laws dealing specifically safeguarding children pornographic material made many judges commentators see jacobellis ohio opinion justices brennan goldberg dissenting opinion chief justice ginzburg dissenting opinion justice stewart interstate circuit city dallas louisiana news supp levine dennett kuh foolish figleaves emerson toward general theory first amendment yale gerber suggested solution riddle obscenity rev henkin morals constitution sin obscenity rev kalven metaphysics law obscenity sup rev magrath obscenity cases grapes roth sup rev obscenity laws include provisions referring minors laws listed appendix opinion none precise counterpart new york imply view whatever questions constitutionality many commentators including many committed proposition general restriction expression terms obscenity reconciled first amendment recognize power state control conduct children reaches beyond scope authority adults accordingly acknowledge supervening state interest regulation literature sold children emerson toward general theory first amendment yale different factors come play also interest stake effect erotic expression upon children world children strictly part adult realm free expression factor immaturity perhaps considerations impose different rules without attempting formulate principles relevant freedom expression children suffices say regulations communication addressed need conform requirements first amendment way applicable adults see also gerber supra kalven supra magrath supra prince massachusetts urged constitutional authority regulation see kuh supra comment exclusion children violent movies rev note constitutional problems obscenity legislation protecting children geo one commentator argues obscenity legislation might constitutionally defective imposition single standard public morality give effect parental role accept laws relating minors henkin morals constitution sin obscenity rev one must consider also much difference makes laws designed protect morals child many constitutional arguments morals legislation apply equally legislation protecting morals children one well distinguish laws impose morality children support right parents deal morals children see fit see also elias sex publications moral corruption dilemma wm mary rev compare memoirs massachusetts opinion douglas opinion clark see kuh supra cc gaylin book review yale magrath supra conclusion roth clear present danger test irrelevant determination obscenity made unnecessary case consider debate among authorities whether exposure pornography caused antisocial consequences see also mishkin new york supra ginzburg supra memoirs massachusetts supra magrath supra see dibble obscenity state quarantine protect children cal rev wall obscenity youth problem possible solution crim vol pp note cal rev comment ford rev see also paul schwartz federal censorship obscenity mail blakey book review notre dame law green obscenity censorship juvenile delinquency toronto rev lockhart mcclure literature law obscenity constitution rev note despite vigor ongoing controversy whether obscene material perceptibly create danger antisocial conduct probably induce recipients conduct medical practitioner recently suggested possibility harmful effects youth dismissed frivolous gaylin columbia university psychoanalytic clinic reporting views psychiatrists yale said period growth youth patterns behavior laid environmental stimuli sorts must integrated workable sense self sensuality defined fears elaborated pleasure confronts security impulse encounters control period undramatically time legalized pornography may conceivably damaging gaylin emphasizes child might well prepared adult make intelligent choice material chooses read sychiatrists made distinction reading pornography unlikely per se harmful permitting reading pornography conceived potentially destructive child protected reading pornography knowledge pornographic disapproved outside parental standards part identification processes openly permit implies parental approval even suggests seductive encouragement parental approval equally societal approval another potent influence developing ego justice stewart concurring result doctrinaire application first amendment course dictate nullification new york statute result required think bear mind first amendment protects first amendment guarantees liberty human expression order preserve nation justice holmes called free trade ideas end constitution protects man freedom say write publish wants secures well liberty man decide read listen constitution guarantees short society free choice society presupposes capacity members choose expression occurs setting capacity make choice absent government regulation expression may even implement first amendment guarantees sustained city ordinance prohibiting people imposing opinions others way sound trucks loud raucous noises city streets brothers black douglas thought first amendment prohibits person foisting uninvited views upon members captive audience think state may permissibly determine least precisely delineated areas child like someone captive audience possessed full capacity individual choice presupposition first amendment guarantees upon premise suppose state may deprive children rights right marry example right vote deprivations constitutionally intolerable adults hold state law face violates first fourteenth amendments first amendment made applicable fourteenth amendment stromberg california abrams dissenting opinion kovacs cooper public utilities pollak dissenting opinion justice black dissenting opinion justice douglas appellant challenge new york power draw line age intimate view upon question compare loving virginia carrington rash notes appellant makes argument material case harmful minors within statutory definition statute unconstitutionally applied justice douglas justice black concurs dissenting willing reverse judgment basis redrup new york reasons stated brother fortas objections strike deeper field substantive due process seeking measure propriety state law standards fourteenth amendment suppose difficulty decisions sustaining act view held many obscene book tract magazine deleterious effect upon young although seriously doubt wisdom trying law put fresh evanescent natural blossoming sex category sin however view preceptor field anthony comstock waged war obscenity year death views set forth book traps young first published excerpts set appendix opinion title book refers traps created satan boys girls especially comstock course operated theory every human inborn tendency toward wrongdoing restrained mainly fear final judgment view book tended remove fear part trap satan created hence comstock condemned much wider range literature present apparently inclined comstock responsible federal act march stat also responsible new york act soon followed responsible organization new york society suppression vice act incorporation granted onehalf fines levied people successfully prosecuted society agents conclude comstock traps young authorities legislature said wholly irrational ferguson skrupa see williamson lee optical daniel family ins olsen nebraska decided sale obscene material young banned problem first amendment however always seemed quite different mandate originally applicable federal government applicable well reason fourteenth amendment directed law abridging freedom speech press appreciate think obscenity impliedly excluded indicated prior occasions unable reach conclusion see ginzburg dissenting opinion jacobellis ohio concurring opinion justice black roth dissenting opinion corollary view expressed public utilities pollak dissenting opinion big brother say person shall listen read say shall published say anthony comstock wrong concluding kind literature new york condemns harm matter fact notion censorship founded belief speech press sometimes harm therefore regulated visited foreign nation regime censorship strict find bookstalls tracts religion tracts mathematics today determines constitutionality new york law regulating sale literature children basis reasonableness law light welfare child problem state federal regulation obscenity field substantive due process see reason limit legislatures protecting children alone juvenile delinquents known mostly years age rationality measure validity law see modern anthony comstocks make case protecting many groups society merely children find literature movies come us clearance exceedingly dull boring understand become excited alarmed think something done stop flow one thing parents religious organizations active involved quite different matter state become implicated censor read first amendment designed keep state hands state officials printing presses america distribution systems printed literature anthony comstock wanted way indeed put police prosecutor middle publishing business think require constitutional amendment achieve result constitutional amendment perhaps people country come national board censorship censors course propelled neuroses universally accepted definition obscenity impossible definition indeed highly subjective turning neurosis censor subconscious conflict may well become either great crusaders particular kind literature avid customers course danger letting group citizens judges people young old read issues canvassed debated case constitutional amendment creating regime censorship country people wisdom launched us course considered choice today sits nation board censors respect know group country less qualified first know obscenity see second considered judgment deleterious beneficial impact particular publication may minds either young old await constitutional amendment authorized modern anthony comstocks censor literature publishers authors distributors fined jailed print sell appendix opinion justice douglas dissenting comstock traps young also resolved make vile illustrated weekly papers lining along pathway children home school church go places instruction without giving opportunity defile pure minds flaunting atrocities eyes satan rejoiced greatly professing christians silent apparently acquiesced plans found refined men women went freely trade persons displayed traps sale moral courage enter protest public display indecencies scarcely one land boldness say dealer filth give one cent patronage long sell ruin young proud professing christians respectable citizens account caused honorable mention made general order imps quiet orderly assistance thus rendered satan stirred certain willing tools earth promise paltry dollars improve greatly quality weekly forthwith came series new snares fascinating construction small tempting price baited names traps comprise large variety novels five ten cent story papers pamphlets boys girls class includes silly insipid tale coarse slangy story dialect barroom romance border life exaggerated details crimes real imaginary highly colored sensational reports real crimes others far larger number deal improbable creations fiction unreal far outstrips real crimes gilded lawlessness painted resemble valor making bid bandits brigands murderers thieves criminals general go state prison gambling saloon brothel find suitable companion child yet insidious foe selected stories allowed become associates child mind shape direct thoughts finest fruits civilization consumed vermin nay products corrupt minds eggs kinds villainies hatched put entire batch stories together challenge publishers vendors show single instance boy girl elevated morals noble refined instinct developed leading character many vast majority stories boy girl possesses usually extraordinary beauty countenance superb clothing abundant wealth strength giant agility squirrel cunning fox brazen effrontery daring villain utterly destitute regard laws god man one foremost among desperadoes companion maidens high favorite rich person patronage indorsement lifts young villain lofty positions society provides liberally wealth secure immunity crimes stories link pure maiden foul loathsome criminals many favor violation marriage laws cheapen female virtue appendix ii opinion justice douglas dissenting special washington post march austin wehrwein mothers threatened picket keep children home sex education films scheduled robert murphy mother five led protests charged elementary school took privacy marriage said kids know shut bedroom door means program taking childhood away third graders went see movie birth came adults murphy fears program lead experimentation said pagan argued even animals teach young things ready one boy block told mother guess next week teacher gon na tell us daddy fertilized reported martin capeder need know protesting parents insisted objection sex education said girls get age boys age start shaving nearby paul park parents formed group called concerned parents sex education planning legal action prevent sex education kindergarten seventh grade also asked equal time ptas eight schools district discuss topics masturbation contraceptives unqualified instructors religious belief morality attitudes white bear protesters presented school board list terms definitions deemed objectionable designed seventh grade included vagina clitoris erection intercourse copulation film called fertilization birth depicts woman giving birth made optional shown classes ginny mckay president one local ptas defended program saying sex natural beautiful thing pta realized parents get around kids long time murphy predicted result instead sic pregnant girls pregnant girls appendix iii opinion justice douglas dissenting thus appears unifying element generalized word obscene thing common every conception obscenity indecency subjective affiliated emotion disapproval emotion varying circumstances temperament education different persons person different stages development aroused entirely different stimuli fear judgment others become associated infinite variety objectives even one common characteristic objective nature literature art since men identical experiences fewer still evolve agreement conceptional emotional associations must follow practically none standards judging obscene even conclusions agree word obscene like words delicate ugly lovable hateful abstraction based upon reasoned likeness objectives selection classification made basis similarity emotions aroused infinite variety images every classification thus made turn depends person upon fears hopes prior experience suggestions education degree health matter wholly emotions come men think know feel firmly convinced strongly agitated demonstration obscenity exists minds emotions believe quality book picture since general conception obscene devoid every objective element unification since subjective element associated emotion indefinable nature inconstant character stimulus capable arousing variable immeasurable relative degrees intensity follows obscene incapable accurate definition general test adequate secure uniformity result application every person book doubtful purity essentially inextricably involved human emotions man frame definition word obscene either terms qualities book alone judgment whatever possible much less possible alleged test every man must reach conclusion obscenity every conceivable book therefore judicial tests obscenity standards judgment contrary every test rule decision uncertain terms invokes varying experiences test rs within foggy realm problematical speculation psychic tendencies without help test meaningless useless follows person test criminality general standard judgment unavoidably becomes personal particular standard differing persons according varying experiences read judicial test makes uncertain therefore objectionable present laws obscenity later shown uncertainty criteria guilt renders laws unconstitutional kallen ethical aspects censorship social meaning legal concepts certain schools psychology suggest aggression neither simple wholly aggression suggest expresses compulsive need bring open contemplation secret parts censor psychosomatic personality less potent need keep secret suffer shamefaced dishonor naked exposures censor activities call constant public preoccupation secret parts free psyche penalties concern transvaluing time pursuit inspection obscene indecent pornographic blasphemous otherwise shameful honorable defense public morals censor purporting quite unconscious actual dynamic protect young corruption frees consciousness dwell upon corruption without shame dishonor thus anthony comstock say overt sincerity genius arts produces obscene lewd lascivious ideas deadly effect upon young perceptible ideas represented gross experience prose poetry eye ear sensuous book picture story allowed enter thoughts corrupted conscience seared things reproduced fancy thoughts awaken forces evil explode irresistible force carrying destruction every human safeguard virtue honor evil bernard shaw gave english language word comstockery declare preface blanco posnet specialist immoral heretical plays force public reconsider morals brave comstock passionately explored fought outer expressions inner forces evil thus saved virtue honor destruction observation made save basis introspection scientific study others study reveal single instance true hundreds thousands others false like correlation misfortune sixth day week number basic comstockery signalizes superstition externalization anxiety fear fact objectively studied appraised anxiety fear censor inner self course incomplete description motivation logic censorship great censorial establishments tradition less unconscious drives usually items syndrome whose dominants either greed pelf power prestige reinforced anxiety might lost anxiety might lost reinforced insatiable demands authoritarian societies usually insure goods means prescriptive creed code rulers claim supernatural origins supernatural sanctions enforcement prescriptions entrusted censor alone ultimate held central hierarchy censorship arts one department crawford literature psychopathic psychoanalytic review carried logical end censorship inevitably destroy literary art every sexual act instinctive feeling understanding life literary art like every type creative effort form sublimation conscious seeking understanding common man instinctively seeks literary artist attained understanding communicates understanding readers understanding whether sexual matters certain come conflict popular beliefs fears taboos part based error presence opinion concerning one thinks unprofitable immoral unwise inquire strong evidence opinion nonrational convictions human race belong category anyone seeking understanding certain encounter nonrational attitude act sublimation part writer necessarily involves act sublimation part reader typical psychopathic patient typical public alike unconscious aversion sublimation inferiority complexes enter make individual feel acts sublimation destroy comfortable though illusory sense superiority realization part mass people unable sublimate artist admit power right involves destruction specious sense superiority two forms aversion sublimation account considerable part public objection arts common man leader psychopathic reformer aiming unconsciously leveling humanity plane pathological mediocrity student abnormal psychology legend popular literature literature revelatory actual life significant legend finds race taboos popular literature day discovers reinforced mass contemporary local taboos literature aims realistically revelatory life finds material study hardly obtain group patients frankness seeks vain persons comes personal contact find literature field advances may made comparable advances actual scientific research moreover student abnormal psychology commend realistic revelatory literature patients suffering specific psychopathic difficulties public generally realize one important factors development human freedom one less free primitive man farther get attitude legend slightly civilized successor popular literature nearer shall significant way life rinaldo psychoanalysis reformer puritan like sensualist rebels beginning restraint celibacy unfortunately however finds unable satisfy libido either normal gratification healthy converted activities condition much one libertine unable find satisfaction ways one reason another inhibited develops morbid irritation contradicting breaking prohibiting thwarting manifestations exciting causes able produce beautiful things mars smashing stained glass windows destroying sculptures cutting forbidding dances clipping hair covering body hideous misshapen garments silencing laughter song build must destroy create hinders creation sort social abortionist like abortionist comes illegitimate brat torn womb cries sin pleasure sin rather sin fights enjoyment denied hates age clime condition absent never dominant deciding factor society till society passed bounds sanity wait midwife never call abortionist ever cure real sickness age survive abnormal periods put impress repressions later days due peculiar economy behavior libertine destroys devouring substance reformer devours others somewhat nature tax vice living hysteria destroys homologous opposite day reached another critical periods strikingly similar psychological symptoms reactions least decadent rome development extravagant religious cults spiritism dowieism purple mother eagerly seized upon filling world clamor frenzy mad seeking pleasure breaking scattering forms orgy gluttony extravagance crude emotionalism art letter theater deformed inverted sexual life may openly admitted sissy red necktie familiar easily understood property popular jest pantomime mad jazz jumble hysterical incongruities dog dinners monkey marriages cubism birth control feminism verse libre moving pictures runs strident note puritanism one grows neither seems precede follow rash man indeed attempt give later beginnings reform movements license seem strongly contradict significant indeed fact license strongest appeal reformer every movie must preach sermon proper ending attempted rape seldom missing telephone thrills expected thrill sexual paradox saw eunuch priests harlot priestesses isis see reformers back lies morbid sexual condition much behind prohibitionist behind cropped head puritan father much behind birthcontrol virgins behind amiable sisters aphrodite interpreted light history libertinism reformism differentiated cause effect action reaction must associated manifestation thing hysterical condition differ externals insofar one operates license repression genesis development simultaneous lasswell psychopathology politics never able abolish sexuality sufficiently evident night dreams day dreams spite efforts fight manifestations antisocial impulses continued appear among direct important consequences produced sense sin sense sexual sin growing conviction hypocrisy battle evil impulses partially successful produced profound feeling insecurity strain insecurity might alleviated found publicly reaffirming creed repression distracting attention matters rapid movements dogmatic assertions diversified activities means escape gnawing sense incapacity cope desires master uncertain power control busy controlling others engaged endless committee sessions personal conferences public meetings purpose always managed submerge buzzing life ceaseless activity never stand privacy solitude since drove sense futility undertake prolonged laborious study since feeling insecurity demanded daily evidence importance world sexual drives continued manifest challenge resistances continually alarmed luring fear might impotent although proposed marriage two girls theology student significant chose girls immediate entourage effected almost instantaneous recovery disappointments warrants inference considerably relieved postpone test potency inference strengthened long years cheerfully acquiesced postponement marriage woman finally became wife lived people valued sexual potency particularly conventional biological demonstration marriage children unmarried state object comment pastoral duties required make calls sisters church spite cheer sometimes able bring bedridden faint whisper doubt really man job though preaching socially respectable occupation something ridiculous fact one experienced little life pass privileged censor mankind two writers explained comstock follows must known wall mind erotic fancies turned fiercely upon ribaldry others broun leech anthony comstock notable forerunner comstock englishman thomas bowdler armed talent discovering offensive bowdler expurgated shakespeare plays gibbon history decline fall roman empire result family shakespeare first published volumes version gibbon famous history omitting everything immoral irreligious nature incidentally rearranging order chapters strict chronology dear obsessional heart wilson obsessional compromise note thomas bowdler paper library american psychiatric association washington effectiveness subtle forms censorship instrument social control great effective wider field behavior propaganda affect convivial purely personal behavior principle certain verbal formulae shall stated print conversation restriction extends discussion certain topics perhaps quite rationally formulated taboo imposed becomes factor members group subscribe majority taboo affect influential minority apt become quite universal effect great number taboos expressive acts embodied mores people sanction behind taboo largely determines durability sense resistance opposed development contradictory simple disintegration failure give returns personal security succeed long time must recurrent reaffirmations taboo connection sanctioning power occasional circulation stories breach taboo evil consequences flowed offender public cause sanctioning power well serves purpose censorship sort color voluntary acceptance ritualistic avoidance behalf oneself higher power violation primitive patterns exposed strikes sinner god william alanson white psychiatric foundation memorandum propaganda censorship psychiatry see gaylin book review prickly problems pornography yale brother harlan says justice past present ever stated acceptance view obscenity within protection first fourteenth amendments post observation however understood demonstrating members since first term adhered view brother black issue whether obscenity utterance within area protected speech press squarely presented first time roth indeed understandable state legislatures borne main burden enacting laws dealing obscenity strictures first amendment applied fourteenth comparatively late history gitlow new york decided assumed right free speech among freedoms protected state infringement due process clause fourteenth amendment see also whitney california fiske kansas stromberg california held right free speech guaranteed full measure fourteenth amendment even events obscenity cases inundating even late say many state obscenity statutes lain dormant decades winters new york several cases prior roth reviewed convictions federal statutes forbidding sending obscene materials mails none cases question squarely presented decided whether obscenity protected speech first amendment rather issues limited matters statutory construction questions procedure sufficiency indictment see chase grimm rosen swearingen andrews price dunlop bartell dysart limehouse thus roth supra involved challenge punishing mailing obscene material consolidated case alberts california attack upon cal pen code prohibiting inter alia keeping sale advertising obscene material first case authoritatively measure federal state obscenity statutes prohibitions first fourteenth amendments speak preceded us time neither interpret occasional utterances suggesting obscenity protected first amendment considered expressions views particular justices see chaplinsky new hampshire beauharnais illinois said members since adhered view brother black see appendix ii opinion reverend fr juan de castaniza century explained denounced obscenity expressing feelings view much reason suspect obscene since vicious men always prone think others like schroeder challenge sex censors obscenity like witchcraft consists broadly speaking delusional projection certain emotions word implies emanate within external things endowment things case witchcraft persons moral qualities corresponding inward thus persons responsible persistent attempts suppress dissemination popular knowledge concerning sex matters betray unwittingly bearers impulses ostentatiously help others avoid persons know experience ignorance subject insure immunity evils treats propitiatory act noisy public disapproval certain evils signify innocence personal purity van teslaar book review abnormal psychology see appendix iii opinion justice fortas dissenting criminal prosecution sam ginsberg wife operate luncheonette magazines offered sale boy enlisted mother go luncheonette buy girlie magazines ginsberg prosecuted went picked two magazines display case paid walked ginsberg offense duly reported authorities power state new york invoked ginsberg prosecuted convicted imposed suspended sentence majority points new york law conviction may mean ginsberg lose license necessary operate luncheonette two magazines boy selected vulgar girlie periodicals however tasteless tawdry may ruled acknowledges magazines indistinguishable content offensiveness obscene within constitutional standards heretofore applied see gent arkansas rulings cases involving adults avoids facing problem whether magazines present case obscene viewed boy although obscene viewed someone years age older says ginsberg lawyer choose challenge conviction ground magazines obscene chose attack statute face therefore reasons need look magazines determine whether may excluded ambit first amendment obscene purposes case made strong comprehensive statements duty first amendment cases statements agree see jacobellis ohio opinion brennan judgment properly avoid fundamental duty define obscenity purposes censorship material sold youths merely counsel position avoids essence problem state power censor freed prohibitions first amendment depends upon obscenity obscenity turns specific content publication sustain conviction without deciding whether particular magazines question obscene certainly mean cities counties villages unlimited power withhold anything everything written pictorial younger people justifies conviction sam ginsberg impact constitution says variable obscene adult may obscene child calls variable obscenity disagree insist assess principle certainly apply must define must know extent literature pictures may less offensive roth requires order obscene purposes statute confined youth see roth agree state exercise police power even first amendment domain may make proper careful differentiation adults children agree power may used arbitrary basis case standard enunciated magazines obscene one seller fault petitioner prosecuted sale magazines right decisions offer sale prosecuted without proof fault without even claim deliberately calculatedly sought induce children buy obscene material bookselling hazardous profession conviction ginsberg present facts serious invasion freedom sustain conviction without inquiry whether material obscene without evidence pushing pandering face asserted solicitude first amendment values give state role rearing children contrary traditions conception family responsibility cf gault begs question present undefined unlimited censorship aid parents rearing children decision merely protect children activities sensible parents condemn rather undefined unlimited approval state censorship area denies children free access books works art many parents may wish children uninhibited access denial access magazines without standard definition allegedly distinguishing characteristics also denial access great works art literature statute confined punishment pushers panderers vulgar literature concerned failure circumscribe state power defining limits terms meaning obscenity field state police power may within broad limits protect parents children public aggression panderers pushers defensible theory protect assaults follow state may convict passive luncheonette operator crime boy maliciously designedly picks pays two girlie magazines presumably obscene therefore reverse conviction basis redrup new york ginzburg reaffirm principle obscenity cases others involving rights derived first amendment guarantees free expression avoid making independent constitutional judgment facts case whether material involved constitutionally protected see cox louisiana