Levine v. Moreland

This case was initiated as a mandamus proceeding to determine whether the hook, Tropic of Cancer, by Henry Miller, had been lawfully removed from circulation in the Montgomery County Public Library, but it was decided on a motion for a summary judgment by dismissing the petition for a writ of mandamus on the ground that the book is obscene. This appeal followed.

Prior to October 21, 1961, several copies of the book in question, purchased with public funds, had been in general circulation for the use of the reading public. But, on that date when the petitioners (Aaron M. Levine and Barbara…