jacobellis
ohio
argued
march
decided
june
appellant
manager
motion
picture
theater
convicted
state
obscenity
law
possessing
exhibiting
allegedly
obscene
film
state
upheld
conviction
held
judgment
reversed
pp
ohio
reversed
justice
brennan
joined
justice
goldberg
concluded
though
motion
pictures
within
constitutional
guarantees
freedom
expression
obscenity
within
guarantees
avoid
making
independent
judgment
whether
material
condemned
obscene
constitutionally
protected
pp
test
obscenity
whether
average
person
applying
contemporary
community
standards
dominant
theme
material
taken
whole
appeals
prurient
interest
roth
pp
work
proscribed
unless
utterly
without
redeeming
social
importance
hence
material
deals
sex
manner
advocates
ideas
literary
scientific
artistic
value
form
social
importance
may
held
obscene
denied
constitutional
protection
constitutional
status
allegedly
obscene
material
turn
weighing
social
importance
prurient
appeal
work
may
proscribed
unless
utterly
without
social
importance
material
proscribed
obscene
test
must
found
go
substantially
beyond
customary
limits
candor
description
representation
pp
contemporary
community
standards
issue
obscenity
determined
particular
local
community
case
arises
nation
whole
pp
recognized
interest
preventing
dissemination
material
deemed
harmful
children
justify
total
suppression
conviction
based
exhibition
film
children
exhibition
public
large
must
reviewed
strict
standard
applicable
determining
scope
constitutional
protection
film
obscene
applicable
standard
justice
stewart
concluded
criminal
obscenity
laws
constitutionally
limited
first
fourteenth
amendments
pornography
justice
goldberg
concluded
justification
making
exception
rule
arguable
standard
film
obscene
pp
ephraim
london
reargued
cause
appellant
briefs
bennet
kleinman
martin
garbus
john
corrigan
reargued
cause
filed
brief
appellee
bernard
berkman
jack
day
melvin
wulf
filed
brief
american
ohio
civil
liberties
unions
amici
curiae
urging
reversal
charles
keating
filed
brief
citizens
decent
literature
amicus
curiae
urging
affirmance
justice
brennan
announced
judgment
delivered
opinion
justice
goldberg
joins
appellant
nico
jacobellis
manager
motion
picture
theater
cleveland
heights
ohio
convicted
two
counts
possessing
exhibiting
obscene
film
violation
ohio
revised
code
supp
fined
first
count
second
sentenced
workhouse
fines
paid
conviction
three
judges
upon
waiver
trial
jury
affirmed
intermediate
appellate
ohio
app
ohio
ohio
noted
probable
jurisdiction
appeal
subsequently
restored
case
calendar
reargument
dispositive
question
whether
state
courts
properly
found
motion
picture
involved
french
film
called
les
amants
lovers
obscene
hence
entitled
protection
free
expression
guaranteed
first
fourteenth
amendments
conclude
film
obscene
judgment
must
accordingly
reversed
motion
pictures
within
ambit
constitutional
guarantees
freedom
speech
press
joseph
burstyn
wilson
roth
alberts
california
held
obscenity
subject
guarantees
application
obscenity
law
suppress
motion
picture
thus
requires
ascertainment
dim
uncertain
line
often
separates
obscenity
constitutionally
protected
expression
bantam
books
sullivan
see
speiser
randall
suggested
task
need
involve
told
determination
whether
particular
motion
picture
book
work
expression
obscene
treated
purely
factual
judgment
jury
verdict
conclusive
event
decision
left
essentially
state
lower
federal
courts
exercising
limited
review
needed
determine
whether
ruling
supported
sufficient
evidence
suggestion
appealing
since
lift
shoulders
difficult
recurring
unpleasant
task
accept
abnegation
judicial
supervision
field
inconsistent
duty
uphold
constitutional
guarantees
since
obscenity
excluded
constitutional
protection
question
whether
particular
work
obscene
necessarily
implicates
issue
constitutional
law
see
roth
supra
separate
opinion
issue
think
must
ultimately
decided
duty
admits
substitute
facing
tough
individual
problems
constitutional
judgment
involved
every
obscenity
case
see
manual
enterprises
day
opinion
harlan
areas
involving
constitutional
rights
due
process
clause
consistently
recognized
duty
apply
applicable
rules
law
upon
basis
independent
review
facts
case
watts
indiana
norris
alabama
particularly
true
rights
asserted
first
amendment
guarantees
free
expression
thus
pennekamp
florida
stated
constitution
imposed
upon
final
authority
determine
meaning
application
words
instrument
require
interpretation
resolve
judicial
issues
responsibility
compelled
examine
statements
issue
circumstances
made
see
whether
character
principles
first
amendment
adopted
due
process
clause
fourteenth
amendment
protect
question
proper
standard
making
determination
subject
much
discussion
controversy
since
decision
roth
seven
years
ago
recognizing
test
obscenity
enunciated
whether
average
person
applying
contemporary
community
standards
dominant
theme
material
taken
whole
appeals
prurient
interest
perfect
think
substitute
raise
equally
difficult
problems
therefore
adhere
standard
reiterate
however
recognition
roth
obscenity
excluded
constitutional
protection
utterly
without
redeeming
social
importance
portrayal
sex
art
literature
scientific
works
sufficient
reason
deny
material
constitutional
protection
freedom
speech
press
follows
material
dealing
sex
manner
advocates
ideas
kingsley
pictures
regents
literary
scientific
artistic
value
form
social
importance
may
branded
obscenity
denied
constitutional
protection
may
constitutional
status
material
made
turn
weighing
social
importance
prurient
appeal
work
proscribed
unless
utterly
without
social
importance
see
zeitlin
arnebergh
cal
cal
rptr
also
recognized
roth
standard
requires
first
instance
finding
material
goes
substantially
beyond
customary
limits
candor
description
representation
matters
requirement
model
penal
code
test
approved
roth
explicitly
reaffirmed
recent
proposed
official
draft
code
absence
deviation
society
standards
decency
see
official
inquiry
allegedly
prurient
appeal
work
expression
squared
guarantees
first
fourteenth
amendments
see
manual
enterprises
day
opinion
harlan
suggested
contemporary
community
standards
aspect
roth
test
implies
determination
constitutional
question
obscenity
case
standards
particular
local
community
case
arises
incorrect
reading
roth
concept
contemporary
community
standards
first
expressed
judge
learned
hand
kennerley
said
yet
time
yet
men
think
innocent
honestly
germane
pure
subject
however
little
may
mince
words
still
scarcely
think
forbid
might
corrupt
corruptible
society
prepared
accept
limitations
may
perhaps
necessary
weakest
members
abstract
definition
suggested
word
obscene
allowed
indicate
present
critical
point
compromise
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shame
community
may
arrived
put
thought
leash
average
conscience
time
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tolerable
fetter
necessities
lowest
least
capable
seems
fatal
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think
interpretation
gives
words
statute
varying
meaning
time
time
words
embalm
precise
morals
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place
presuppose
things
always
shocking
public
taste
vague
left
gradual
development
general
notions
decent
italics
added
see
local
definition
community
properly
employed
delineating
area
expression
protected
federal
constitution
justice
harlan
pointed
manual
enterprises
day
supra
standard
based
particular
local
community
intolerable
consequence
denying
sections
country
access
material
deemed
acceptable
others
might
considered
offensive
prevailing
community
standards
decency
cf
butler
michigan
true
manual
enterprises
dealt
federal
statute
banning
obscenity
mails
mails
means
works
expression
cross
lines
country
hardly
assumed
patrons
particular
library
bookstand
motion
picture
theater
residents
smallest
local
community
drawn
around
establishment
furthermore
sustain
suppression
particular
book
film
one
locality
deter
dissemination
localities
might
held
obscene
since
sellers
exhibitors
reluctant
risk
criminal
conviction
testing
variation
two
places
hardy
person
sell
book
exhibit
film
anywhere
land
sustained
judgment
one
community
holding
outside
constitutional
protection
result
thus
restrict
public
access
forms
printed
word
state
constitutionally
suppress
directly
smith
california
true
local
communities
throughout
land
fact
diverse
cases
one
confronted
task
reconciling
rights
communities
rights
individuals
communities
vary
however
many
respects
toleration
alleged
obscenity
variances
never
considered
require
justify
varying
standard
application
federal
constitution
regularly
compelled
reviewing
criminal
convictions
challenged
due
process
clause
fourteenth
amendment
reconcile
conflicting
rights
local
community
brought
prosecution
individual
defendant
task
admittedly
difficult
delicate
inherent
duty
determining
whether
particular
conviction
worked
deprivation
rights
guaranteed
federal
constitution
shrunk
discharging
duty
areas
see
reason
explicitly
refused
tolerate
result
whereby
constitutional
limits
free
expression
nation
vary
state
lines
pennekamp
florida
supra
see
even
less
justification
allowing
limits
vary
town
county
lines
thus
reaffirm
position
taken
roth
effect
constitutional
status
allegedly
obscene
work
must
determined
basis
national
standard
national
constitution
expounding
recognize
legitimate
indeed
exigent
interest
localities
throughout
nation
preventing
dissemination
material
deemed
harmful
children
interest
justify
total
suppression
material
effect
reduce
adult
population
reading
fit
children
butler
michigan
state
local
authorities
might
well
consider
whether
objectives
area
better
served
laws
aimed
specifically
preventing
distribution
objectionable
material
children
rather
totally
prohibiting
dissemination
since
present
conviction
based
upon
exhibition
film
public
large
upon
exhibition
children
judgment
must
reviewed
strict
standard
applicable
determining
scope
expression
protected
constitution
applied
standard
motion
picture
question
lovers
involves
woman
bored
life
marriage
abandons
husband
family
young
archaeologist
suddenly
fallen
love
explicit
love
scene
last
reel
film
state
objections
based
almost
entirely
upon
scene
film
favorably
reviewed
number
national
publications
although
disparaged
others
rated
least
two
critics
national
stature
among
best
films
year
produced
shown
approximately
larger
cities
including
columbus
toledo
ohio
viewed
film
light
record
made
trial
conclude
obscene
within
standards
enunciated
roth
alberts
california
reaffirm
reversed
footnotes
late
day
argue
location
line
different
task
ascertaining
easier
state
rather
federal
obscenity
law
involved
view
constitutional
guarantees
free
expression
apply
fully
federal
government
rejected
supra
single
opinion
applied
standards
state
federal
conviction
cf
ker
california
malloy
hogan
ante
pp
see
kingsley
pictures
regents
separate
opinion
sometimes
said
shun
considering
particularities
individual
cases
difficult
field
lest
become
final
board
censorship
understand
thought
process
constitutional
judgment
realm
somehow
stands
apart
involved
fields
particularly
presenting
questions
due
process
see
also
lockhart
mcclure
censorship
obscenity
developing
constitutional
standards
rev
obligation
reach
independent
judgment
applying
constitutional
standards
criteria
constitutional
issues
may
cast
lower
courts
form
determinations
fact
appears
fully
applicable
findings
obscenity
juries
trial
courts
administrative
agencies
subject
obligation
every
constitutional
issue
raised
see
may
true
judges
possess
special
expertise
qualifying
supervise
private
morals
nation
decide
movies
good
bad
local
communities
far
keener
understanding
importance
free
expression
government
administrators
jurors
considerable
experience
making
value
judgments
type
required
constitutional
standards
obscenity
freedom
preserved
neither
government
censorship
experts
juries
left
make
final
effective
decisions
restraining
free
expression
decisions
must
subject
effective
independent
review
know
group
better
qualified
review
appellate
judges
country
guidance
see
also
fiske
kansas
haynes
washington
chambers
florida
hooven
allison
evatt
lisenba
california
ashcraft
tennessee
napue
illinois
see
also
niemotko
maryland
craig
harney
bridges
california
edwards
south
carolina
new
york
times
sullivan
precisely
times
film
city
chicago
one
olesen
sunshine
book
summerfield
obligation
recognized
state
courts
well
see
state
hudson
county
news
zeitlin
arnebergh
cal
cal
rptr
people
richmond
county
news
see
also
american
law
institute
model
penal
code
proposed
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draft
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duty
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adjudication
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reliance
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fact
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require
de
novo
review
ng
fung
ho
white
crowell
benson
see
attorney
general
book
named
tropic
cancer
mass
mass
zeitlin
arnebergh
cal
cal
rptr
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law
institute
model
penal
code
proposed
official
draft
may
material
obscene
considered
whole
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interest
addition
goes
substantially
beyond
customary
limits
candor
describing
representing
matters
italics
added
webster
new
international
dictionary
ed
see
state
hudson
county
news
lockhart
mcclure
note
supra
american
law
institute
model
penal
code
tentative
draft
may
proposed
official
draft
may
see
state
settle
opinion
justice
black
justice
douglas
joins
concur
reversal
judgment
belief
stated
kingsley
international
pictures
regents
despite
constitution
nation
embark
dangerous
road
censorship
inappropriate
board
censors
found
reason
reversing
think
conviction
appellant
anyone
else
exhibiting
motion
picture
abridges
freedom
press
safeguarded
first
amendment
made
obligatory
fourteenth
see
concurring
opinions
quantity
copies
books
kansas
post
smith
california
kingsley
international
pictures
regents
supra
see
also
dissenting
opinion
justice
douglas
roth
concurring
opinion
superior
films
department
education
joined
justice
stewart
concurring
possible
read
opinion
roth
alberts
california
variety
ways
saying
imply
criticism
cases
faced
task
trying
define
may
indefinable
reached
conclusion
think
confirmed
least
negative
implication
decisions
since
roth
alberts
first
fourteenth
amendments
criminal
laws
area
constitutionally
limited
pornography
shall
today
attempt
define
kinds
material
understand
embraced
within
shorthand
description
perhaps
never
succeed
intelligibly
know
see
motion
picture
involved
case
times
film
city
chicago
reversing
one
incorporated
olesen
reversing
sunshine
book
summerfield
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app
manual
enterprises
day
opinion
harlan
cf
people
richmond
county
news
justice
goldberg
concurring
question
presented
whether
first
fourteenth
amendments
permit
imposition
criminal
punishment
exhibiting
motion
picture
entitled
lovers
viewed
film
wish
merely
add
brother
brennan
description
love
scene
deemed
objectionable
fragmentary
fleeting
censor
alert
make
audience
conscious
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questionable
portrayed
except
rapid
sequence
film
concerns
history
unhappy
marriage
familiar
subject
old
new
novels
current
television
soap
operas
although
fully
agree
brother
brennan
written
also
view
adherence
principles
stated
joseph
burstyn
wilson
requires
reversal
burstyn
justice
clark
delivering
unanimous
judgment
said
xpression
means
motion
pictures
included
within
free
speech
free
press
guaranty
first
fourteenth
amendments
hold
liberty
expression
means
motion
pictures
guaranteed
first
fourteenth
amendments
however
end
problem
follow
constitution
requires
absolute
freedom
exhibit
every
motion
picture
every
kind
times
places
follow
motion
pictures
necessarily
subject
precise
rules
governing
particular
method
expression
method
tends
present
peculiar
problems
basic
principles
freedom
speech
press
like
first
amendment
command
vary
principles
frequently
enunciated
make
freedom
expression
rule
chief
justice
justice
clark
joins
dissenting
cases
area
law
coming
us
numbers
faced
resolution
rights
basic
individuals
society
whole
specifically
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upon
reconcile
right
nation
maintain
decent
society
hand
right
individuals
express
freely
accordance
guarantees
first
fourteenth
amendments
although
federal
government
virtually
every
state
laws
proscribing
obscenity
since
union
formed
although
recently
decided
obscenity
within
protection
first
amendment
neither
courts
legislatures
able
evolve
truly
satisfactory
definition
obscenity
areas
law
terms
like
negligence
although
common
use
centuries
difficult
define
except
general
manner
yet
courts
able
function
areas
reasonable
degree
efficiency
obscenity
problem
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aggravated
fact
involves
area
public
expression
area
broad
range
freedom
vital
society
constitutionally
protected
recently
put
hand
task
defining
term
obscenity
roth
definition
enunciated
case
generated
much
legal
speculation
well
judicial
interpretation
state
federal
courts
also
relied
upon
legislatures
yet
obscenity
cases
continue
come
becomes
increasingly
apparent
must
settle
well
question
constitutes
obscenity
question
standards
permissible
enforcing
proscriptions
obscene
matter
hears
cases
instant
one
merely
rule
upon
alleged
obscenity
specific
film
book
establish
principles
guidance
lower
courts
legislatures
yet
decisions
since
roth
given
without
opinion
thus
failed
furnish
guidance
instant
case
twice
argued
us
shed
greater
light
problem
therefore
consider
appropriate
state
views
time
sound
fury
roth
test
generated
proved
unsound
believe
try
live
least
satisfactory
definition
evolved
government
federal
state
local
forced
choose
repressing
material
including
within
realm
decency
allowing
unrestrained
license
publish
material
matter
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must
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areas
law
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roth
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belief
said
roth
obscenity
defined
reference
community
standards
meant
community
standards
national
standard
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argued
believe
provable
national
standard
perhaps
none
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able
enunciate
one
unreasonable
expect
local
courts
divine
one
said
community
approach
may
well
result
material
proscribed
obscene
one
community
another
probability
true
communities
throughout
nation
fact
diverse
must
remembered
cases
one
confronted
task
reconciling
conflicting
rights
diverse
communities
within
society
individuals
told
hard
core
pornography
denied
protection
first
amendment
define
hard
core
pornography
greater
clarity
obscenity
even
retreat
position
soon
faced
need
define
term
faced
need
define
obscenity
meanwhile
profit
commercial
exploitation
obscenity
continue
ply
trade
unmolested
opinion
use
various
materials
put
words
pictures
must
considered
determining
whether
materials
obscene
technical
legal
treatise
pornography
may
well
inoffensive
circumstances
time
obscene
extreme
sold
displayed
children
finally
material
fact
obscene
roth
test
may
proscribed
number
ways
instance
confiscation
material
prosecution
disseminate
provided
always
proscription
whatever
may
imposed
accordance
constitutional
standards
proceeding
involved
criminal
must
right
jury
trial
right
counsel
safeguards
necessary
assure
due
process
law
proceeding
civil
nature
constitutional
requirements
applicable
case
must
also
observed
tendency
dealing
area
law
enforcement
agencies
easy
instance
seize
destroy
books
minimum
protection
result
courts
often
presented
procedurally
bad
cases
dealing
appear
acquiescing
dissemination
obscenity
cases
well
prepared
conducted
appropriate
concern
constitutional
safeguards
courts
hesitate
enforce
laws
obscenity
thus
enforcement
agencies
must
realize
royal
road
enforcement
hard
conscientious
work
required
light
foregoing
reiterate
acceptance
rule
roth
case
material
obscene
constitutionally
protected
regulation
proscription
average
person
applying
contemporary
community
standards
dominant
theme
material
taken
whole
appeals
prurient
interest
commit
enforcement
rule
appropriate
state
federal
courts
accept
judgments
made
pursuant
roth
rule
limiting
consideration
whether
sufficient
evidence
record
upon
finding
obscenity
made
evidence
record
upon
finding
made
obviously
material
involved
held
obscene
cf
thompson
city
louisville
since
mere
modicum
evidence
may
satisfy
evidence
standard
unwilling
give
important
constitutional
right
free
expression
limited
protection
however
protection
society
right
maintain
moral
fiber
effective
administration
justice
require
establish
ultimate
censor
case
reading
entire
record
viewing
accused
material
making
independent
de
novo
judgment
question
obscenity
therefore
finding
obscenity
made
proper
application
roth
test
apply
sufficient
evidence
standard
review
requiring
something
merely
evidence
something
less
substantial
evidence
record
including
allegedly
obscene
material
whole
cf
universal
camera
labor
board
reasonable
way
see
obviate
necessity
sitting
super
censor
obscenity
purveyed
throughout
nation
case
subscribe
state
extravagant
contentions
neither
say
courts
acted
intemperance
without
sufficient
evidence
finding
moving
picture
obscene
within
meaning
roth
test
therefore
affirm
judgment
roth
instant
case
example
advertisements
published
induce
public
view
motion
picture
provide
evidence
film
dominant
theme
conventions
explode
daring
love
story
ever
filmed
close
authentic
amour
possible
screen
frankest
love
scenes
yet
seen
film
contains
one
longest
sensuous
love
scenes
seen
country
justice
harlan
dissenting
agreeing
brother
brennan
opinion
responsibilities
area
different
attend
adjudication
kindred
constitutional
questions
heretofore
expressed
view
constitutionally
permitted
greater
latitude
determining
bannable
score
obscenity
federal
government
see
opinion
roth
cf
opinion
manual
enterprises
day
correctly
said
justice
brennan
opinion
accepted
view
nonetheless
feel
free
adhere
still
developing
aspect
constitutional
law
see
obscenity
cases
convinced
become
permitting
wide
federally
unrestricted
scope
field
holding
federal
government
tight
rein
lies
best
promise
achieving
sensible
accommodation
public
interest
sought
served
obscenity
laws
cf
dissenting
opinion
bantam
books
sullivan
protection
genuine
rights
free
expression
experience
greater
ease
members
attempting
verbalize
generally
respective
constitutional
tests
truth
matter
last
analysis
depends
particular
challenged
material
happens
strike
minds
jurors
judges
ultimately
majority
members
application
general
constitutional
tests
must
thus
necessarily
pricked
basis
point
departure
apply
federal
government
roth
standards
amplified
opinion
manual
enterprises
supra
make
federal
test
one
rationality
prohibit
banning
material
taken
whole
reasonably
found
state
judicial
proceedings
treat
sex
fundamentally
offensive
manner
rationally
established
criteria
judging
material
basis
viewed
motion
picture
question
think
state
acted
within
permissible
limits
condemning
film
affirm
judgment
ohio