Legal Opinion
Rosenblatt v. Common Sense Newspaper, Inc.
New York Supreme Court
Decided April 13, 1971PublishedCited by 1 opinion
1Opinion of the CourtJoseph F. Hawkins, J.
It should be noted at the outset that this case is a civil proceeding and not a criminal prosecution. Although the statute invoked by the plaintiff is contained in the Code of Criminal Procedure, the relief sought is to enjoin the further distribution of an allegedly obscene periodical; it is not sought either to jail or to fine the defendants.
The District Attorney of Dutchess County, pursuant to section 22-a of the Code of Criminal Procedure, brings this action to enjoin the defendants from distributing a certain publication to minors “under the age of 17 years” as obscene “within the…
2Cases cited11 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Prince v. MassachusettsSupreme Court of the United States · 1944
- Ginsberg v. New YorkSupreme Court of the United States · 1968
- A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
- Ginzburg v. United StatesSupreme Court of the United States · 1966
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3Cited by1 opinion
- Rosenblatt v. Common Sense Newspaper, Inc.Appellate Division of the Supreme Court of the State of New York · 1972