Bantam Books, Inc. v. Melko

By the voluntary acts of the plaintiff by submission to conferences before suit, the object of its suit was reduced to restoration of a single publication of the plaintiff, namely, The Chinese Room, to circulation. The defendant prosecutor’s defenses were all related by him to laws of this State prohibiting and penalizing the advertising, offering for sale and selling of obscene matter. The Superior Court, Chancery Division, having found that the book in question was not criminally obscene, all other issues were rendered moot. This ordinarily would require dismissal here, inasmuch as the…