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Majority Opinion
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Brennan, J. |
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Concurring Opinion
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Warren, C.J., & Harlan, J. concurring in the result in No. 61, and dissenting in No. 582. |
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Dissenting Opinion
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Douglas, J. (joined by Black, J.) |
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Lower Court
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2nd Circuit |
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Lower Court Ruling
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First Amendment claim denied. |
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Oral Arguments
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Oral Arguments
[Oyez]
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| Lawyers |
David von G. Albrecht & O. John Rogge argued the cause for petitioner in No. 582.
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Stanley Fleishman argued the cause for appellant in No. 61
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Fred N. Whichello & Clarence A. Linn, Assistant Attorney General of California, argued the cause for appellee in No. 61.
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Roger D. Fisher argued the cause for the United States in No. 582
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| Briefs |
A. L. Wirin for the American Civil Liberties Union, Southern California Branch, as amicus curiae, in support of appellant in No. 61.
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| News Stories & Commentary |
"Bailed Denied to Roth; Dealer in Obscenity Appealing 5-Year Prison Sentence," New York Times, February 9, 1956, p. 26
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"Book Publisher Indicted For Indecent Literature," Washington Post, July 21, 1955, p. 3
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"Book Publisher Indicted For Indecent Literature," Washington Post, July 21, 1955, p. 3
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"Dealer in Obscenity Gets a 5-Year Term," New York Times, February 5, 1956, p. 26
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"Vice Probe Airs Publisher's Jail Record," Washington Post, June 1, 1955, p. 3
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Editorial, "Obscenity in Court," Washington Post, June 30, 1957, sect. E, p. 4
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Editorial, "Ruling on Obscenity; 'Punishment for Thought," June 30, 1957, p. 134
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Houston, Luther, "Free Speech No Protection For Obscenity, Court Rules; Guard Case Remains Broad Language Cited; High Court Backs Ban on Obscenity; Savors of 'Book-Burning' Appeal Is Dismissed," New York Times, June 25, 1957, p. 1
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Pussey, Merlo, "Not Since 1930s Has Court Made Such Impact; Court Had Embarrassing Choice," Washington Post, June 30, 1957, sect. E, p. 1
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Schuchat, Theodor, "Clear-cut Test of Obscenity Laws Possible," Washington Post, April 21, 1957. sect. E, p. 3
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Unna, Warren, "Supreme Court Airs Obscenity," Washington Post, April 23, 1957, sect. B, p. 10
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| Opinion - Lower Court |
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| Other |
Barron, Jerome, & Dienes, C. Thomas, FIRST AMENDMENT LAW IN A NUTSHELL (3rd. Ed., 2004), pp. 98-110
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Berns, Walter, "Pornography vs. Democracy: The Case for Censorship," 22 Public Interest 13 (1971)
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Clark, Hunter, R., JUSTICE BRENNAN: THE GREAT CONCILIATOR (1995), pp. 182, 186, 189-193, 199, 204
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Clor, Harry, OBSCENITY & PUBLIC MORALITY (1969)
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de Grazia, Edward, GIRLS LEAN BACK EVERYWHERE: THE LAW OF OBSCENITY & THE ASSAULT ON GENIUS (1992), pp. 280-332
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Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 353-357
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Emerson, Thomas, I., THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp. 470-474, 486, 513, 520
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Ernst. Morris L. & Lindey, Alexander, THE CENSOR MARCHES ON (1940)
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Finis, John, "Reason & Passion: The Constitutional Dialetic of Free Speech & Obscenity," 116 University of Pennsylvania Law Review 222 (1967)
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Friedman, Leon, OBSCENITY: THE COMPLETE ORAL ARGUMENTS BEFORE THE SUPREME COURT IN THE MAJOR OBSCENITY CASES (1970), pp. 9-60
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Greenawalt, Kent, SPEECH, CRIME, & THE USES OF LANGUAGE (1989), pp. 302-309
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Kalven, Harry, "The Metaphysics of Obscenity," 1960 Supreme Court Review 1
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Lockhart & McClure, "Censorship of Obscenity: The developing Constitutional Standards," 45 Minnesota Law Review 5 (1960)
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Lowenthal, David, NO LIBERTY FOR LICENSE: THE FORGOTTEN LOGIC OF THE FIRST AMENDMENT (1997), pp. 97-99, 120, 127, 129, 137, 139, 141, 143, 145-149, 179, 281
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Rembar, Charles, THE END OF OBSCENITY (1968), pp. 45-58
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Schwartz, Bernard, SUPER CHIEF: EARL WARREN & HIS SUPREME COURT -- A JUDICIAL BIOGRAPHY (1983), pp. 218-221, 436, 618, 622, 653, 708, 814, 824, 827
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THE REPORT OF THE COMMISSION ON OBSCENITY & PORNOGRAPHY (1970)
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Yarbrough, Tinsley, JOHN MARSHALL HARLAN: GREAT DISSENTER OF THE WARREN COURT (1992), pp. 125, 127, 214-217, 285
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