Legal Opinion

Bookcase, Inc. v. Broderick

New York Court of Appeals

Decided July 7, 1966PublishedCited by 34 opinions

1Opinion of the CourtKeating, J.

Appellants challenge the power of the State to prohibit sales, to persons below a certain age, of literature not “ obscene ” within existing judicial standards for suppression of sales to the general public.

In 1963, appellant Bookcase, Inc., was prosecuted for selling a book, “ The Memoirs of a Woman of Pleasure ” (better known as “ Fanny Hill ”), to a person under the age of 18 in violation of former section 484-h which prohibited sales to persons under 18 of any book “ the cover or content of which exploits, is devoted to, or is principally made up of descriptions of illicit sex or sexual…

2Cases cited7 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Jacobellis v. OhioSupreme Court of the United States · 1964
  3. Smith v. CaliforniaSupreme Court of the United States · 1960
  4. A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
  5. Mishkin v. New YorkSupreme Court of the United States · 1966

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3Cited by34 opinions

  1. Ginsberg v. New YorkSupreme Court of the United States · 1968
  2. United States v. DostDistrict Court, S.D. California · 1986
  3. American Civil Liberties Union v. RenoDistrict Court, E.D. Pennsylvania · 1996
  4. American Civil Liberties Union v. AshcroftCourt of Appeals for the Third Circuit · 2003
  5. Fenster v. LearyNew York Court of Appeals · 1967

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