GINZBURG V. UNITED STATES
383 U.S. 463 (1966)
NATURE OF THE CASE: This was an appeal from a conviction for violation of the federal
obscenity statute, 18 U.S.C. 1461 (1964 ed.).
FACTS: Ginzburg (D) published EROS, a hard-cover magazine of expensive format; Liaison, a
bi-weekly newsletter; and The Housewife's Handbook on Selective Promiscuity (hereinafter the
Handbook), a short book. The issue of EROS specified in the indictment, Vol. 1, No. 4,
contains 15 articles and photo-essays on the subject of love, sex, and sexual relations. The
specified issue of Liaison, Vol. 1, No. 1, contains a prefatory 'Letter from the Editors'
announcing its dedication to 'keeping sex an art and preventing it from becoming a science.'
The remainder of the issue consists of digests of two articles concerning sex and sexual
relations which had earlier appeared in professional journals and a report of an interview
with a psychotherapist who favors the broadest license in sexual relationships. D was
indicted and tried on federal obscenity charges. Besides testimony as to the merit of the
material, there was abundant evidence to show that each of the accused publications was
originated or sold as stock in trade of the sordid business of pandering - 'the business of
purveying textual or graphic matter openly advertised to appeal to the erotic interest of
their customers.' A judge sitting without a jury in the District Court for the Eastern
District of Pennsylvania convicted D and three corporations controlled by him upon all 28
counts of an indictment charging violation of the federal obscenity statute, 18 U.S.C. 1461
(1964 ed.). Each count alleged that a resident of the Eastern District received mailed
matter, either one of three publications challenged as obscene, or advertising telling how
and where the publications might be obtained. The Court of Appeals for the Third Circuit
affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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