State Ex Rel. Collins v. Superior Court

While obscenity is not constitutionally protected, the procedure by which we determine what is obscene, unprotected speech directly implicates the first amendment because the threat of criminal prosecution chills freedom of expression. F. SCHAUER, THE LAW OF OBSCENITY at 35-40 (Bureau of National Affairs, 1976). Today’s decision is a step toward compelled self-censorship—not just of obscene material but of all material. It would take- a hardy soul indeed to continue to stock ULYSSES on the shelves of a bookstore, knowing that the state could prove its case simply by putting the book in…