State v. Hoelscher

With respect to the Hoelscher conviction, all that is depicted is a nude couple engaged in sexual foreplay. No intercourse or perversion is portrayed. The film may be obscene but in my opinion it is not hard-core pornography.

The pictures involved in the Carlson prosecutions, on the other hand, are unquestionably hard-core pornography. Nevertheless, *445for the reasons set forth in my dissent in State v. Lebewitz, 294 Minn. 424, 202 N. W. 2d 648 (1972), I am persuaded that the decision of the United States Supreme Court in Redrup v. New York, 386 U. S. 767, 87 S. Ct. 1414, 18 L. ed. 2d 515 (1967),…