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Constitutional Law Keyed to Choper
Bantam Books, Inc. v. Sullivan
Citation:
372 U.S. 58 (1963)Facts
The Rhode Island Legislature created the “Commission to Encourage Morality in Youth” charged with educating the public about publications containing “obscene, indecent or impure language” and recommending prosecution of violations. The Commission’s practice was to notify book distributors on official stationery that certain books had been reviewed and declared “objectionable” for sale to youths under 18. These notices typically reminded distributors of the Commission’s duty to recommend prosecution to the Attorney General and were followed by police visits to check compliance. Max Silverstein & Sons, the exclusive wholesale distributor for the appellants’ books in Rhode Island, received at least 35 such notices. Upon receipt, Silverstein would stop distributing the listed publications, refuse to fill pending orders, and recall copies from retailers. The Superior Court found that these notices “clearly intimidated” distributors and “resulted in the suppression of the sale and circulation of the books listed.” The Attorney General of Rhode Island conceded that some of the books listed were not obscene under the Supreme Court’s definition.
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