Legal Opinion · Concurrence

Wagonheim v. Maryland State Board of Censors

Court of Appeals of Maryland

Decided October 22, 1969No. [No. 212, September Term, 1969.]Published

1ConcurrenceBarnes, J.

I entirely concur with the reasoning, statement of facts and application of the law in the opinion of the Court. I am of the opinion, however, that (a) additional emphasis should be given to the pandering aspect of the case when the third test of “utterly without redeeming social value” is considered and (b) there should be additional comment upon the scope or applicability of this third test when the Court has before it a motion picture which is obscene under the first two tests in regard to prurient interest in sex and an affront to contemporary community standards.(a)

In the majority…

2Cases cited16 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Stanley v. GeorgiaSupreme Court of the United States · 1969
  3. Freedman v. MarylandSupreme Court of the United States · 1965
  4. Jacobellis v. OhioSupreme Court of the United States · 1964
  5. Joseph Burstyn, Inc. v. WilsonSupreme Court of the United States · 1952

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