Legal Opinion

Rabeck v. New York

Supreme Court of the United States

Decided June 3, 1968No. 796PublishedCited by 23 opinions

1Per curiam

Appellant, in seeking reversal of his conviction for selling “girlie” magazines to a minor under 18 years of age in violation of former § 484-i, New York Penal Law,* argues among other grounds that the statute is impermissibly vague. We agree. While we rejected a like claim as to § 484 — h in Ginsberg v. New York, 390 U. S. 629, § 484-i in part prohibited the sale of “any . . . magazines . . . which would appeal to the lust of persons under the age of eighteen years or to their curiosity as to sex or to the anatomical differences between the sexes . . . .” That standard in our view is…

2Cases cited2 opinions

  1. Ginsberg v. New YorkSupreme Court of the United States · 1968
  2. Interstate Circuit, Inc. v. City of DallasSupreme Court of the United States · 1968

3Cited by23 opinions

  1. Erznoznik v. City of JacksonvilleSupreme Court of the United States · 1975
  2. M.S. News Co. v. CasadoCourt of Appeals for the Tenth Circuit · 1983
  3. Mandel v. Municipal CourtCalifornia Court of Appeal · 1969
  4. United States v. Stewart Hymans and Mark PaynterCourt of Appeals for the Tenth Circuit · 1972
  5. American Booksellers Ass'n v. McAuliffeDistrict Court, N.D. Georgia · 1981

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