Perial Amusement Corp. v. Morse

MANSFIELD, Circuit Judge:

In an age that has witnessed unprecedented liberality in matters sexual, we are asked on this appeal to determine whether, in proceedings for enforcement of laws against obscenity through seizure of allegedly obscene material, First Amendment rights have been violated. At issue is the appropriateness and constitutionality of proceedings instituted by the government pursuant to Rule 41, F.R.Cr.P., whereby it applied to a federal magistrate for a search and seizure *517warrant and simultaneously moved by order to show cause and subpoena duces tecum for an adversary hearing…