hamling
argued
april
decided
june
petitioners
convicted
mailing
conspiring
mail
obscene
advertising
brochure
sexually
explicit
photographic
material
relating
illustrated
version
hereafter
illustrated
report
official
report
obscenity
violation
indictment
charged
petitioners
language
statute
provides
pertinent
part
obscene
material
written
information
may
obtained
nonmailable
hoever
knowingly
uses
mails
mailing
anything
declared
section
nonmailable
commits
crime
jury
unable
reach
verdict
counts
charging
mailing
allegedly
obscene
illustrated
report
following
affirmance
convictions
appeals
decided
miller
california
companion
cases
hereafter
collectively
miller
cases
considering
appeals
denied
petition
rehearing
petitioners
challenge
convictions
based
upon
obscenity
test
memoirs
massachusetts
also
failing
meet
standards
miller
cases
challenge
various
procedural
evidentiary
rulings
district
well
instructions
held
title
applied
according
proper
standard
judging
obscenity
es
offend
constitutional
safeguards
convictions
based
upon
protected
material
fail
give
men
acting
adequate
notice
prohibited
roth
pp
jury
determination
brochure
obscene
supported
evidence
consistent
memoirs
obscenity
formulation
inability
jury
reach
verdict
counts
charging
distribution
illustrated
report
relevance
finding
brochure
obscene
consistency
verdicts
required
brochure
separable
illustrated
report
pp
standards
established
miller
cases
applied
petitioners
conduct
require
reversal
convictions
pp
defendants
like
petitioners
convicted
prior
decisions
miller
cases
whose
convictions
direct
appeal
time
receive
benefit
available
decisions
pp
instruction
jury
application
national
community
standards
obscenity
constitutionally
improper
since
rejecting
view
first
fourteenth
amendments
require
proscription
obscenity
based
uniform
national
standards
miller
cases
require
constitutional
matter
substitution
smaller
geographical
area
sort
formula
test
stated
terms
understanding
average
person
applying
contemporary
community
standards
holding
miller
california
constitutionally
proscribe
obscenity
terms
statewide
standard
mean
precise
geographic
area
required
matter
constitutional
law
reversal
required
cases
probability
excision
references
nation
whole
instruction
dealing
community
standards
materially
affected
deliberations
jury
pp
construing
limited
sort
patently
offensive
representations
descriptions
specific
hard
core
sexual
conduct
given
examples
miller
california
statute
unconstitutionally
vague
plain
brochure
form
pornography
well
within
permissibly
proscribed
depictions
described
miller
enumeration
specific
categories
obscene
material
miller
purport
proscribe
purposes
conduct
previously
thought
criminal
instead
added
clarifying
gloss
prior
construction
making
statute
meaning
definite
bouie
city
columbia
pp
miller
rejection
memoirs
social
value
formulation
mean
unconstitutionally
vague
time
petitioners
convictions
provide
sufficient
guidance
proper
test
social
value
formula
rejected
vagueness
reasons
departed
roth
obscenity
definition
entailed
virtually
impossible
prosecutorial
burden
pp
indictment
sufficiently
definite
pp
language
vague
support
conviction
crime
roth
supra
indictment
gave
petitioners
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notice
charges
since
time
petitioners
indicted
statutory
term
obscene
legal
term
art
generic
expression
definite
legal
meaning
russell
distinguished
pp
district
err
instructions
jury
scienter
including
instruction
petitioners
belief
obscenity
material
irrelevant
constitutionally
sufficient
prosecution
show
defendant
knowledge
contents
materials
distributes
knew
character
nature
materials
rosen
followed
smith
california
distinguished
pp
appeals
correctly
concluded
substantial
evidence
support
jury
verdict
district
abuse
discretion
excluding
allegedly
comparable
materials
materials
mailing
privileges
judicially
found
nonobscene
available
newsstands
since
inter
alia
expert
testimony
allowed
relevant
community
standards
similar
materials
judicial
determinations
respect
thereto
necessarily
prove
nonobscenity
materials
accused
charged
circulating
respect
whether
proffered
evidence
cumulative
clearly
relevant
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trial
considerable
latitude
pp
district
instruction
deciding
whether
predominant
appeal
brochure
prurient
interest
sex
jury
consider
whether
portions
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defined
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group
well
average
person
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appeal
jury
instructed
must
find
material
whole
appealed
generally
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interest
sex
may
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material
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appeal
clearly
defined
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sexual
groups
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new
york
pp
since
evidence
pandering
relevant
determining
obscenity
long
proper
constitutional
definition
obscenity
applied
ginzburg
improper
district
instruct
jury
connection
memoirs
test
also
consider
whether
brochure
pandered
looking
manner
distribution
editorial
intent
pp
appeals
err
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reverse
petitioners
convictions
district
failure
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fed
rule
crim
proc
denying
petitioners
counsel
request
make
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objections
instructions
presence
jury
since
independent
examination
record
confirms
appeals
view
petitioners
prejudiced
thereby
pp
petitioners
argument
district
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discretion
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grant
continuance
new
jury
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ratio
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people
drawn
almost
four
years
since
jury
wheel
last
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merit
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group
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pp
district
voir
dire
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test
qualifications
competency
prospective
jurors
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fed
rule
crim
proc
constitutionally
err
asking
certain
questions
propounded
petitioners
pp
rehnquist
delivered
opinion
burger
white
blackmun
powell
joined
douglas
filed
dissenting
opinion
post
brennan
filed
dissenting
opinion
stewart
marshall
joined
post
stanley
fleishman
argued
cause
petitioners
hamling
et
al
briefs
sam
rosenwein
rosenwein
argued
cause
petitioners
kemp
et
al
briefs
fleishman
louis
katz
allan
abbott
tuttle
argued
cause
brief
solicitor
general
bork
assistant
attorney
general
petersen
jerome
feit
shirley
briefs
amici
curiae
urging
reversal
filed
melvin
wulf
joel
gora
fred
okrand
american
civil
liberties
union
et
al
ira
millstein
association
american
publishers
william
north
american
library
assn
justice
rehnquist
delivered
opinion
march
grand
jury
district
southern
district
california
indicted
petitioners
william
hamling
earl
kemp
shirley
wright
david
thomas
reed
enterprises
library
service
counts
indictment
charging
use
mails
carry
obscene
book
illustrated
presidential
report
commission
obscenity
pornography
obscene
advertisement
gave
information
means
illustrated
report
might
obtained
conspiracy
commit
offenses
violation
prior
trial
petitioners
moved
dismiss
indictment
grounds
failed
inform
charges
grand
jury
insufficient
evidence
return
indictment
improperly
instructed
law
petitioners
also
challenged
petit
jury
panel
moved
strike
venire
ground
unconstitutional
exclusion
persons
years
age
district
denied
motions
following
jury
trial
petitioners
convicted
counts
mailing
conspiring
mail
obscene
advertisement
appeal
appeals
ninth
circuit
affirmed
jury
unable
reach
verdict
regard
counts
indictment
charged
mailing
allegedly
obscene
illustrated
report
advertisement
found
obscene
single
sheet
brochure
mailed
approximately
persons
various
parts
one
side
brochure
contains
collage
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illustrated
report
side
gives
certain
information
order
blank
illustrated
report
ordered
appeals
accurately
described
photographs
brochure
follows
folder
opens
full
page
splash
pictures
portraying
heterosexual
homosexual
intercourse
sodomy
variety
deviate
sexual
acts
specifically
group
picture
nine
persons
one
male
engaged
masturbation
female
masturbating
two
males
two
couples
engaged
intercourse
reverse
fashion
one
female
participant
engages
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male
second
group
picture
six
persons
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males
masturbating
two
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practicing
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bearing
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depiction
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seminal
fluid
faces
two
persons
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engaged
act
fellatio
male
female
masturbation
hand
two
separate
pictures
males
engaged
cunnilinction
film
strip
six
frames
depicting
lesbian
love
scenes
including
cunnilinguist
action
female
masturbation
another
hand
vibrator
two
frames
one
depicting
woman
mouthing
penis
horse
second
poising
entrance
vagina
thanks
lot
president
monumental
work
research
investigation
become
giant
book
facts
statistics
presented
best
possible
format
completely
illustrated
black
white
full
color
every
facet
controversial
public
report
ever
issued
covered
detail
book
must
research
shelves
every
library
public
private
seriously
concerned
full
intellectual
freedom
adult
selection
millions
dollars
public
funds
expended
determine
precise
truth
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today
yet
every
possible
attempt
suppress
information
made
highest
levels
even
president
dismissed
facts
hand
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suppress
volume
inexcusable
insult
directed
every
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country
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must
allowed
make
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adults
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report
truly
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book
like
even
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facts
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showed
postal
patrons
various
parts
country
received
brochure
advertising
illustrated
report
mailings
persons
received
consisted
outer
envelope
inner
return
envelope
addressed
library
service
post
office
box
san
diego
california
brochure
also
identified
library
service
address
party
responsible
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outer
envelopes
bore
postmark
indicated
mailed
north
hollywood
california
january
postage
affixed
envelopes
meter
number
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brochures
accomplished
petitioners
use
businesses
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billed
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house
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reed
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hamling
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copies
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report
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meter
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service
direction
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thomas
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person
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petitioners
officers
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advertising
brochure
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hamling
president
reed
enterprises
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check
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behalf
payment
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house
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kemp
editor
illustrated
report
vice
president
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service
greenleaf
classics
publisher
illustrated
report
signed
application
behalf
library
service
post
office
box
san
diego
post
office
box
return
envelope
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thomas
signed
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agreement
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meter
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wright
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office
box
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diego
wright
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press
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illustrated
report
addressed
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reed
enterprises
confirming
shipment
copies
illustrated
report
various
corporate
documents
tended
show
individual
petitioners
involvement
corporate
petitioners
government
petitioners
introduced
testimony
various
expert
witnesses
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illustrated
report
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affirming
convictions
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appeals
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rejected
petitioners
petition
rehearing
suggestion
rehearing
en
banc
granted
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affirm
judgment
appeals
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convicted
jury
december
app
appeals
affirmed
convictions
opinion
filed
june
appeals
originally
denied
rehearing
suggestion
rehearing
en
banc
july
order
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appeals
reconsidered
light
decisions
announced
june
miller
california
related
cases
submitted
en
banc
order
dated
august
august
appeals
entered
order
denying
petition
rehearing
suggestion
rehearing
en
banc
principal
question
presented
case
rules
law
shall
govern
obscenity
convictions
occurred
prior
date
decision
miller
california
supra
companion
cases
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point
become
final
petitioners
mount
series
challenges
convictions
based
upon
memoirs
test
proscription
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memoirs
massachusetts
also
attack
judgments
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comply
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enunciated
miller
cases
conclude
challenging
procedural
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district
questions
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statute
petitioners
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strangers
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men
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supra
significantly
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massachusetts
supra
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cases
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elements
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coalesce
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dominant
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material
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prurient
interest
sex
material
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affronts
contemporary
community
standards
relating
description
representation
sexual
matters
material
utterly
without
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value
petitioners
nevertheless
contend
since
jury
unable
reach
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counts
charging
obscenity
vel
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report
report
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rule
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criminal
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dunlop
miller
california
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petitioners
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inseparable
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report
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material
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jury
verdicts
obscenity
vel
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required
miller
california
supra
true
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materials
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miller
decisions
dealing
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aspects
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prosecutions
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petitioners
found
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panel
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peggy
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linkletter
walker
bradley
school
board
richmond
since
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cases
language
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serve
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test
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roth
supra
decision
miller
california
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test
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vel
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fact
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whether
work
depicts
describes
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way
sexual
conduct
specifically
defined
applicable
state
law
whether
work
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literary
artistic
political
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value
trial
instructed
jury
judge
obscenity
vel
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brochure
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reasonably
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present
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compromise
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shame
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petitioners
describe
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standards
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law
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miller
stated
nothing
first
amendment
requires
jury
must
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national
standards
attempting
determine
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materials
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fact
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contentions
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miller
holdings
miller
rejected
view
first
fourteenth
amendments
require
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based
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nationwide
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require
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matter
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area
sort
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terms
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person
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paris
adult
theatre
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law
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expert
witnesses
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miller
becomes
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pennsylvania
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miller
california
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proscribe
obscenity
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area
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matter
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miller
difficulty
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person
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reels
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miller
said
today
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testing
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state
legislation
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miller
california
ante
standards
applicable
federal
legislation
result
miller
cases
therefore
matter
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law
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juror
sitting
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cases
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case
tried
southern
district
california
presumably
jurors
throughout
judicial
district
available
serve
panel
tried
petitioners
standards
community
upon
jurors
draw
say
district
liberty
admit
evidence
standards
existing
place
outside
particular
district
felt
evidence
assist
jurors
resolution
issues
decide
brother
brennan
suggests
dissent
holding
federal
obscenity
case
may
tried
local
community
standards
violence
congressional
prerogative
constitution
arguments
foreclosed
decision
last
term
reels
film
supra
miller
standards
including
contemporary
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legislation
fact
distributors
allegedly
obscene
materials
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various
federal
judicial
districts
transmit
materials
render
federal
statute
unconstitutional
failure
application
uniform
national
standards
obscenity
distributors
may
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degrees
criminal
liability
prosecutions
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state
obscenity
statutes
see
constitutional
impediment
similar
rule
federal
prosecutions
miller
california
cited
approval
chief
justice
warren
statement
hen
said
roth
obscenity
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reference
community
standards
meant
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standards
national
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believe
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able
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expect
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courts
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community
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probability
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throughout
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communities
within
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ohio
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opinion
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jury
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whole
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agree
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instruction
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law
casts
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whole
instruction
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community
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jury
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lopez
examination
record
convinces
us
probability
exist
case
brother
brennan
takes
us
task
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conclusion
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district
instructions
exclusion
testimony
witness
miss
carlsen
assertedly
conducted
survey
standards
san
diego
area
require
petitioners
accorded
new
trial
noted
infra
district
wide
discretion
determination
admit
exclude
evidence
particularly
true
case
expert
testimony
stillwell
mfg
phelps
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smith
wigmore
evidence
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even
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erred
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witness
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light
miller
cases
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arguments
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national
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types
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petitioners
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district
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expect
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material
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cities
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witness
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city
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survey
two
years
ago
abelson
performed
petitioners
next
argue
prior
decision
miller
contain
language
construed
apply
specific
types
sexual
conduct
referred
miller
therefore
section
unconstitutionally
vague
applied
prosecution
cases
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rejecting
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california
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describing
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fourteenth
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jenkins
georgia
post
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hold
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merit
petitioners
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bouie
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require
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city
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petitioners
claims
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basis
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attack
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charged
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charged
statutory
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contend
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