United States v. Robert Baranov, United States of America v. Harvey B. Levitt, United States of America v. H. B. Levitt & Associates, Inc.

The three named defendants were convicted, after a jury trial, on eight counts of an indictment charging them with knowing use of the mails for carriage of obscene non-mailable matter, in violation of 18 U.S.C. § 1461 . They were also convicted at the same trial on eight counts charging them with knowing use of the mails for the carriage of non-mailable matter containing advertisements giving information as to where obscene matter might be obtained, also in violation of section 1461.

The matter found to be obscene consisted for the most part of printed booklets containing photographs and illustrations pertaining to nudity, masochism, flagellation, and lesbianism, together with accompanying text material. One count pertained to a phonograph record entitled “Tortura, the Sounds of Pain and Pleasure.”

Defendants’ primary argument on this appeal is that the materials in question are not obscene or unlawful when considered against proper constitutional standards. This contention involves the Free Speech Guaranty of the First Amendment to the United States Constitution.

As initially stated in Roth v. United States, 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957), and adhered to…