Legal Opinion

United States v. Dennett

Court of Appeals for the Second Circuit

Decided March 3, 1930No. 238PublishedCited by 46 opinions

1Opinion of the CourtAugustus N. Hand, Circuit Judge

(after stating the facts as above).

It is doubtless true that the personal motive of the defendant in distributing her pamphlet could have no bearing on the question whether she violated the law. Her own belief that a really obscene pamphlet would pay the price for its obscenity by means of intrinsic merits would leave her as much as ever under the ban of the statute. Regina v. Hicklin, L. R. 3 Q. B. 360; United States v. Bennett, Fed. Case No. 14,571; Rosen v. United States, 161 U. S. at page 41, 16 S. Ct. 434, 480, 40 L. Ed. 606.

It was perhaps proper to. exclude the evidence offered by the…

2Cases cited6 opinions

  1. Rosen v. United StatesSupreme Court of the United States · 1896
  2. Dunlop v. United StatesSupreme Court of the United States · 1897
  3. Knowles v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  4. People v. . EastmanNew York Court of Appeals · 1907
  5. Dysart v. United StatesSupreme Court of the United States · 1926

1 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Ginsberg v. New YorkSupreme Court of the United States · 1968
  3. United States v. One Book Entitled Ulysses by James JoyceCourt of Appeals for the Second Circuit · 1934
  4. Parmelee v. United StatesCourt of Appeals for the D.C. Circuit · 1940
  5. United States v. LevineCourt of Appeals for the Second Circuit · 1936

41 more not listed; retrieve them via the Exa API.

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