United States v. 18 Packages of Magazines

This cause came on to be heard on November 16, 1964, on claimant’s motion for summary judgment.

The undisputed facts show that the magazines which are the subject of this proceeding were purchased abroad by claimant and shipped to this country. At various times from January through October of 1962, they were seized and ■excluded by United States Customs authorities as obscene. In justifying the seizure and exclusion, the Government relies on 19 U.S.C. § 1305 . A libel to forfeit the magazines was filed here on December 27, 1962. Claimant answered the libel, asserting that § 1305 is unconstitutional and denying that any of the seized magazines are obscene. The case has not yet come to trial. It is also undisputed that from the time of seizure to the present, there has been no judicial scrutiny of these magazines or adversary hearing as to their character.

Claimant contends that the procedures for determining the issue of obscenity under 19 U.S.C. § 1305 are unconstitutional because they abridge his rights to freedom of speech and press under the First Amendment to the Constitution of the United States. The statute does appear to empower government officials to seize and exclude…