Leon J. Grant and Walter F. Wissman v. United States

Good Law
380 F.2d 748·1967 U.S. App. LEXIS 5818
United States Court of Appeals for the Ninth CircuitJune 28, 196717865California495 words

Opinion

Opinion

Chambers, J.

This appeal involves an appeal on convictions for using the mails to sell and distribute a collection of rotten books, alleged to be obscene. We characterize the books as obsessed with sex. If they have any literary merit, it is obscure. At best, they are junk.

But under First Amendment decisions that have piled up there does not seem to have been the leer accompanying them required by Ginzburg v. United States, 383 U.S. 463 , 86 S.Ct. 969 , 16 L.Ed.2d 31 , to uphold the convictions. The books in this case are obviously about the same as dealt with in Redrup v. New York, 386 U.S. 767 , 87 S.Ct. 1414 , 18 L.Ed.2d 515 ; Keney v. New York, 388 U.S. 440 , 87 S.Ct. 2091 , 18 L.Ed.2d 1302 ; Friedman v. New York, 388 U.S. 1303 , 87 S.Ct. 2091 , 18 L.Ed.2d 1303 ; Ratner v. California, 388 U.S. 442 , 87 S.Ct. 2092 , 18 L.Ed.2d 1304 ; Aday v. United States, 388 U.S. 447 , 87 S.Ct. 2095 , 18 L.Ed.2d 1309 ; Books, Inc. v. United States, 388 U.S. 449 , 87 S.Ct. 2098 , 18 L.Ed.2d 1311 ; Corinth Publications, Inc. v. Wesberry, 388 U.S. 448 , 87 S.Ct. 2096 , 18 L.Ed.2d 1310 ; Avansino v. New York, 388 U.S. 446 , 87 S.Ct. 2093 , 18 L.Ed.2d 1308 ; Rosenbloom v. Virginia, 388 U.S. 450 , 87 S.Ct.…

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