Todd v. Rochester Community Schools

Judge Brennan and I concur only in the result reached by Judge Bronson. We are not prepared to endorse his opinion.

We feel the basic point involved here is not whether the book in question is per se obscene or pornographic as those terms have been judicially defined by the United States Supreme Court. This is made clear by the following finding of the trial judge.

"The issues in this case have to do solely with the doctrine of separation of religion and state, and there is nothing before the court on which to rule concerning mere obscenity, pornography * * * .”

There is no doubt, as the trial…