photographs argued january decided may customs agents seized obscene photographs possessed claimant luros returned country europe october section pursuant agents acted prohibits importation obscene material provides seizure customs office retention pending judgment district specifies collector customs give information seizure district attorney shall institute forfeiture proceedings agents referred matter attorney brought forfeiture proceedings november luros answer denied photographs obscene counterclaimed unconstitutional asked november ordered convened following hearing january january held unconstitutional grounds statute failed meet procedural requirements freedman maryland overly broad including within ban obscene material private use making invalid stanley georgia held judgment reversed case remanded pp supp reversed remanded justice white joined chief justice justice harlan justice brennan justice stewart justice blackmun concluded part construed requiring administrative judicial action within specified time limits avoid constitutional issue otherwise presented freedman supra pp freedman unlike situation statute failing specify time limits enacted pursuant state authority given authoritative construction avoid constitutional issue reading time limits required freedman comports legislative purpose statute furthers policy statutory construction avoid constitutional issue pp section may constitutionally applied construed require intervals longer days seizure goods institution judicial proceedings forfeiture longer days filing action final decision district absent delays pp justice white joined chief justice justice brennan justice blackmun concluded part ii congress constitutional power remove obscene materials channels commerce unimpaired decision stanley supra cf reidel ante pp justice harlan concluded luros stipulated government materials imported commercial purposes lacked standing challenge statute overbreadth ground applied importation private use justice stewart agreeing first amendment prevent border seizure obscene materials imported commercial dissemination freedman maryland imposes time limits initiating forfeiture proceedings completing judicial obscenity determination even intimate government may lawfully seize literature intended importer purely private use solicitor general griswold argued cause brief assistant attorney general wilson roger pauley stanley fleishman argued cause appellees brief sam rosenwein justice white announced judgment opinion chief justice justice brennan justice blackmun join milton luros returned europe october brought luggage photographs involved customs agents acting pursuant tariff act amended stat seized photographs obscene referred matter attorney november instituted proceedings district forfeiture material luros claimant answered denying photographs obscene setting counterclaim alleging unconstitutionality face applied demanded convened issue injunction prayed counterclaim parties stipulated time hearing motion formal order convening entered november parties stipulated briefing schedule expiring december ordered hearing january also suggesting parties stipulate facts stipulation revealed among things photographs intended incorporated hard cover edition kama sutra vatsyayana widely distributed book candidly describing large number sexual positions hearing held scheduled january january filed judgment opinion declaring unconstitutional enjoining enforcement photographs ordered returned luros supp cd cal judgment invalidity rested two grounds first section failed comply procedural requirements freedman maryland second stanley georgia validly applied seized material shall deal grounds separately freedman maryland supra struck state scheme administrative licensing motion pictures holding judicial determination adversary proceeding ensures necessary sensitivity freedom expression procedure requiring judicial determination suffices impose valid final restraint insure judicial determination occurs promptly administrative delay become form censorship held must assurance statute authoritative judicial construction censor within specified brief period either issue license go restrain showing film ny restraint imposed advance final judicial determination merits must similarly limited preservation status quo shortest fixed period compatible sound judicial resolution procedure must also assure prompt final judicial decision minimize impact possibly erroneous administrative action subsequently invalidated chicago motion picture censorship ordinance permitted unduly long administrative procedure invocation judicial action also ordinance although requiring prompt resort courts administrative decision early hearing assure prompt judicial decision question alleged obscenity film teitel film cusack blount rizzi held unconstitutional certain provisions postal laws designed control use mails commerce obscene materials laws administrative order restricting use mails become effective without judicial approval burden obtaining prompt judicial review placed upon user mails rather government interim judicial order government permitted though required obtain pending completion administrative action limited preserving status quo shortest fixed period compatible sound judicial administration enacted congress contain explicit time limits sort required freedman teitel blount cases however require pass upon constitutionality possible construe section bring harmony constitutional requirements true noted blount congress rewrite statute similarly refused rewrite maryland statute chicago ordinance freedman teitel hand must remember hen validity act congress drawn question serious doubt constitutionality raised cardinal principle first ascertain whether construction statute fairly possible question may avoided crowell benson accord haynes dictum schneider smith rumely ashwander tennessee valley authority brandeis concurring cardinal principle govern freedman teitel blount statutes involved construed avoid constitutional difficulties obstacle freedman teitel statutes enacted pursuant state rather federal authority freedman recognized statute failing specify time limits saved judicial construction held construction authoritative lack jurisdiction authoritatively construe state legislation cf general trading state tax blount dealing federal statute thus power give authoritative construction salvation statute however required complete rewriting manner inconsistent expressed intentions authors statute issue blount failed specify time limits within judicial proceedings must instituted completed also failed give authorization administrative agency upon determination material obscene seek judicial review saved statute thus required give authorization create mechanisms carrying effect face legislative history indicating postmaster general testified congress expressly sought forestall judicial review pending completion administrative proceedings see obstacles confront us construing fact reading section time limits required freedman fully consistent legislative purpose statute present form dates back first presented senate concern immediately arose provide determinations obscenity made courts rather administrative officers require judicial rulings obtained promptly language strikingly parallel freedman senator walsh protested attempt enact law vest administrative officer power take books confiscate destroy judgment obscene indecent urged law oblige go file information determined usual way every crime determined cong rec senator wheeler likewise conceive man possibly object amendment proposed legislation required customs officer concluded material obscene tur district attorney district attorney prosecutes man right trial jury case cong rec senators similarly indicated aversion censorship customs clerks bureaucratic officials remarks dill preferring determinations obscenity left courts juries see cong rec senators also expressed concern later expressed freedman judicial proceedings commenced concluded promptly speaking favor another amendment senator pittman noted customs officer seizing obscene matter immediately report nearest district attorney authority law proceed confiscate emphasis added commenting early draft another amendment ultimately adopted senator swanson noted officers required go immediately added minute suspicion part revenue customs officer certain book improper admitted country presents matter district prompt determination matter decision emphasis added begin examining cases lower federal courts proceedings brought examination indicates many cases come attention government fact instituted forfeiture proceedings within days date seizure allegedly obscene goods see reliable sales copies magazine entitled solis supp md cartons containing copies magazine entitled hellenic sun supp md aff copies magazine entitled exclusive supp md judicial proceedings completed within days commencement see reliable sales supra copies magazine entitled solis supra cartons containing copies magazine entitled hellenic sun supra copies magazine entitled exclusive supra copies magazines less supp md given record seems clear undue hardship imposed upon government lower federal courts requiring forfeiture proceedings commenced within days completed within days commencement delay much days seem undue importers engaged lengthy process bringing goods country abroad accordingly construe require intervals days seizure goods institution judicial proceedings forfeiture longer days filing action final decision district seizure forfeiture invalidated delay however claimant responsible extending either administrative action judicial determination beyond allowable time limits administrative judicial proceedings postponed pending consideration constitutional issues appropriate course decide constitutionally permissible time limits note furthermore constitutionally permissible limits may vary different contexts contexts claim state censor movie obscene constitution may impose different requirements respect time making claim institution judicial proceedings commencement completion context claim obscenity made customs officials border decide none questions today nothing case construe present form fully cognizant congress may new form specifying new time limits upon whose constitutionality may required pass construed may constitutionally applied case us seizure present case took place october forfeiture proceedings instituted november mere days seizure moreover decision obscenity luros materials might well forthcoming within days claimant challenged validity statute caused convened hold proceedings brevity fully meet constitutional standards set freedman teitel blount section accordingly may applied photographs providing remand obscenity issue resolved district within days excluding delays caused luros ii next consider luros second claim based upon stanley georgia supra authority stanley luros urged trial construe first amendment forbidding restraints obscenity except necessary protect children intruded upon sensitivity privacy unwilling adult without rejecting position trial read stanley protecting least right read obscene material privacy one home receive purpose therefore held bars importation obscenity private use well commercial distribution overbroad hence unconstitutional trial erred reading stanley immunizing seizure obscene materials possessed port entry purpose importation private use reidel ante today held congress may constitutionally prevent mails used distributing pornography case neither luros putative buyers rights infringed exclusion obscenity incoming foreign commerce token obscene materials may removed channels commerce discovered luggage returning foreign traveler even though intended solely private use private user stanley may prosecuted possession obscenity home mean entitled import abroad free power congress exclude noxious articles commerce stanley emphasis freedom thought mind privacy home port entry traveler home right let alone neither prevents search luggage seizure unprotected illegal materials possession discovered search customs officers characteristically inspect luggage power questioned case old practice intimately associated excluding illegal articles country whatever scope right receive obscenity adumbrated stanley right said reidel extend one seeking luros distribute obscene materials public extend one seeking import obscene materials abroad whether private use public distribution held roth reiterated today reidel supra obscenity within scope first amendment protection hence congress may declare contraband prohibit importation elected judgment district reversed case remanded proceedings consistent opinion ordered justice harlan justice stewart also join part opinion footnotes persons prohibited importing foreign country obscene book pamphlet paper writing advertisement circular print picture drawing representation figure image paper material cast instrument article obscene immoral articles whether imported separately contained packages goods entitled entry shall admitted entry articles unless appears satisfaction collector obscene prohibited articles contained package inclosed therein without knowledge consent importer owner agent consignee entire contents package articles contained shall subject seizure forfeiture hereinafter provided provided secretary treasury may discretion admit classics books recognized established literary scientific merit may discretion admit classics books imported noncommercial purposes upon appearance book matter customs office shall seized held collector await judgment district hereinafter provided protest shall taken customs decision collector upon seizure book matter collector shall transmit information thereof district attorney district situated office seizure taken place shall institute proceedings district forfeiture confiscation destruction book matter seized upon adjudication book matter thus seized character entry section prohibited shall ordered destroyed shall destroyed upon adjudication book matter thus seized character entry section prohibited shall excluded entry provisions section proceeding party interest may upon demand facts issue determined jury party may appeal right review case ordinary actions suits urges find time limits section provides customs agents seize goods must report every seizure immediately collector district provides case turned attorney shall duty immediately inquire facts forthwith cause proper proceedings commenced prosecuted without delay concludes judicial proceedings appropriate need decide however whether properly applied cure invalidity even applicable provide adequate time limits cure invalidity two sections contain specific time limits require collector act promptly referring matter attorney prosecution another flaw requires attorney declines prosecute must report facts secretary treasury direction secretary duty act speed final flaw neither section requires district case commenced come promptly final decision district opinion entirely clear may reasoned luros right import photographs question planned distribution general public decision today reidel ante makes clear reasoning error hand district may reasoned luros right import photographs distribution person right stanley import private use therefore void overbroad prohibits sorts importation reasoning proper approach however invalidate section entirety construe narrowly hold valid application luros made clear dombrowski pfister noted overbreadth statute sufficiently dealt may applied prior conduct foreseeably within valid sweep justice harlan concurring judgment part justice white opinion agree reasons set forth part justice white opinion statute may construed requiring administrative judicial action within specified time limits avoid constitutional issue otherwise presented freedman maryland decision today reidel ante forecloses luros claim government may prohibit importation obscene materials commercial distribution luros also attacked statute face overbroad apparent prohibition importation private use statutory scheme purporting proscribe importation commercial purposes certainly sufficiently clear withstand facial attack statute based notion line commercial private importation unclear inhibit alleged right import private use cf breard alexandria incontestable intended cover least importation obscene materials commercial purposes see justice white opinion since parties stipulated materials imported commercial purposes luros claim primary conduct intended within statute sweep cf dombrowski pfister finally statute includes severability clause thus apparent narrow statute sweep commercial importation determine importation private use constitutionally privileged circumstances argument luros allowed raise question constitutional privilege import private use order protect alleged first amendment rights private importers obscenity chilling effects statute presence books seems clearly outweighed policy resolution constitutional questions avoided necessary decision case hand hold luros lacked standing raise overbreadth claim see note first amendment overbreadth doctrine harv rev foregoing premises join part opinion part ii concur judgment reidel supra obscenity vel non seized materials presented juncture case justice stewart concurring judgment part justice white opinion agree first amendment prevent border seizure obscene materials sought imported commercial dissemination reasons expressed part justice white opinion also agree freedman maryland requires time limits initiation forfeiture proceedings completion judicial determination obscenity case decide even way dicta government may lawfully seize literary material intended purely private use importer terms statute appear apply american tourist exercising constitutionally protected liberty travel abroad returns home single book luggage intention selling otherwise using except read government constitutionally take book away passes customs understand meaning stanley georgia justice white opinion correctly says even seizure material private use unconstitutional statute still stand appropriately narrowed form seizure case clearly falls within valid sweep narrowed statute ante aptheker secretary state justice black justice douglas joins dissenting dissent judgments reasons stated many prior opinions see smith california black concurring ginzburg black dissenting view first amendment denies congress power act censor determine books citizens may read pictures may watch particularly regret see revive doctrine roth obscenity speech reason unprotected first amendment many decisions area demonstrate extremely difficult judges citizens agree obscene since distinctions protected speech obscenity elusive obscure almost every obscenity case involves difficult constitutional issues roth docket courts constantly crowded cases judges called upon decide whether particular book magazine movie may banned expressed view imagine task lifetime judges less equipped deal smith california supra black concurring view difficulties roth approach surprising many recent decisions least implicitly suggested abandoned see stanley georgia redrup new york despite proved shortcomings roth majority reidel today reaffirms validity dubious decision thus foreseeable future must sit board censors sifting books magazines watching movies official fears deal explicitly sex imagine distasteful useless task members perusing material determine whether redeeming social value absurd spectacle avoided adhere literal command first amendment congress shall make law abridging freedom speech press ii wholly aside views first amendment demands see reasoning justice white opinion today photographs reconciled holdings earlier cases opinion insists trial erred reading stanley georgia supra immunizing seizure obscene materials possessed port entry purpose importation private use ante never satisfactorily explained trial reading stanley erroneous seem citizen right possess obscene material privacy home right receive voluntarily mail certainly man legally purchases material abroad able bring customs read later home mere act importation private use hardly offensive others private perusal one home right read view literature pictures home hollow indeed include right carry material privately one luggage entering country plurality opinion seems suggest photographs differs stanley customs officers characteristically inspect luggage power questioned case ante surely observation distinguish stanley police frequently search private homes well power unquestioned long search reasonable within meaning fourth amendment perhaps however plurality reasons silently prohibition importation obscene materials private use constitutionally permissible necessary prevent ultimate commercial distribution obscenity may feel importer intent distribute obscene materials commercially difficult prove importation may outlawed without offending first amendment similar argument made state stanley urged enforcement possession law necessary difficulties proving intent distribute actual distribution however unequivocally rejected argument individual right read observe pleases fundamental scheme individual liberty furthermore argument importation may banned stop possible commercial distribution simply ignores numerous holdings legislation touching first amendment freedoms must precisely narrowly drawn avoid stifling expression amendment designed protect certainly repeatedly applied rule overbreadth past censorship cases butler michigan held state quarantine general reading public books rugged grown men women order shield juvenile innocence cf thornhill alabama robel since plurality opinion offers plausible reason distinguish private possession obscenity importation private use conclude least four members overrule stanley perhaps future case recognized good law man writes salacious books attic prints basement reads living room plurality opinion appears concede customs obscenity statute unconstitutional face decision freedman maryland law specifies time limits within forfeiture proceedings must started seized books pictures require prompt final judicial hearing obscenity ante plurality reached determination proper course affirm lower decision plurality goes rewrite statute adding specific time limits plurality notes government conveniently stayed within judicially manufactured limits one day premise concludes statute may enforced case view plurality action rewriting statute represents seizure legislative power simply possess constitution certainly claimant luros standing raise claim customs statute failure provide prompt judicial decision renders unconstitutional previous decisions make clear censorship statutes may challenged face violation first amendment rights whether defendant conduct proscribed properly drawn statute freedman maryland supra true danger tolerating area first amendment freedoms existence penal statute susceptible sweeping improper application naacp button since censorship statute unconstitutional face claimant standing challenge end case without ado plurality nimbly avoids result writing new censorship statute simply understand plurality determines power substitute new statute one duly elected representatives people enacted plurality betrays uneasiness concedes specifically refused undertake legislative task freedman supra blount rizzi holding maryland movie censorship law unconstitutional freedman stated whether maryland incorporate required procedural safeguards statutory scheme course state decide plurality claims find power rewrite customs obscenity law statute legislative history rule statutes construed avoid constitutional questions ante agree course statutes construed uphold constitutionality done without misusing legislative history substituting new statute one congress passed rule construction justify plurality acting like legislature one committees redrafting statute manner supported deliberations congress previous decisions censorship cases plurality relies principally statements made senators swanson pittman customs obscenity legislation discussion senate floor defect reliance senators statements refer version law passed congress senator pittman objecting one first drafts law said protect public entirely provide seizure provided property held officer seizing immediately report nearest district attorney authority law proceed confiscate cong rec upon appearance book matter customs office collector thereof shall immediately transmit information thereof district attorney district port situated shall immediately institute proceedings district forfeiture destruction ibid emphasis added upon seizure book matter collector shall transmit information thereof district attorney district situated office seizure taken place shall institute proceedings district forfeiture confiscation destruction book matter seized emphasis added plurality concedes previous censorship cases considered validity statutes us face refused rewrite although cases involve state statutes blount rizzi specifically declined attempt save federal obscenity statute redrafting plainly declared congress rewrite statute plurality opinion seeks distinguish blount saving statute requiring prompt judicial review required complete rewriting manner inconsistent expressed intentions authors ante expressed intention cited plurality support argument testimony postmaster general wanted forestall judicial review pending completion administrative proceedings ante insignificant piece legislative history posed obstacle saving statute requiring prompt judicial review prompt administrative proceedings yet blount properly refused undertake legislative task cases involving state censorship statutes plurality also purports justify judicial legislation pointing severability provisions contained difficult see distinguishes earlier cases since statutes struck freedman maryland supra teitel film cusack also contained severability provisions see md ann code art municipal code chicago plurality entirely clear whether time limits imposes stem legislative history customs law demands first amendment one point told days days constitutionally permissible time limits congress imposes new rules present new constitutional question ante strongly suggests time limits stem power interpret construe federal statutes constitution since action today support legislative history wording statute appears much likely time limits derived first amendment plurality really drawing rules first amendment find process derivation peculiar disturbing rules derived considering first amendment demands surveying previously litigated cases guessing limits pose undue hardship government lower federal courts ante scant attention given first amendment rights persons entering country certainly gives little comfort american bringing book home colorado alabama personal reading informed without explanation delay new york harbor undue faced lengthy legal proceedings need hire lawyer far home likely coerced giving first amendment rights thus whims customs clerks congestion business determine americans may read simply leave statute congress wrote affirm judgment district understand plurality feels free abandon previous precedents protecting cherished freedoms press speech course believe bowing popular passions perceives temper times said constitution written sands washed away wave new judges blown successive political wind brings new political administrations temporary power turner black dissenting society come times public seized fear importance basic freedoms easily forgotten hope however calmer times present pressures passions fears subside later restore first amendment liberties high preferred place belong free society dennis black dissenting opinion applies also reidel ante