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Constitutional Law Keyed to Stone
Alberts v. California
Citation:
354 U.S. 476 (1957)Facts
Samuel Roth operated a business in New York that involved the publication and sale of books, photographs, and magazines. He used circulars and advertising material to solicit sales for his products. Roth was indicted on 26 counts for mailing obscene circulars and advertising, as well as an obscene book, in violation of the federal obscenity statute. The statute prohibited the mailing of “obscene, lewd, lascivious, or filthy” materials. At trial, the judge instructed the jury that material is obscene if it tends to stir sexual impulses and lead to sexually impure thoughts in the average person in the community. Roth was convicted on four counts, and his conviction was affirmed by the Court of Appeals for the Second Circuit. He appealed to the Supreme Court, challenging the constitutionality of the federal obscenity statute under the First Amendment.
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