United States v. Joseph N. Palladino, Joseph N. Palladino, Jr.

I would be tempted to follow Judge Aldrich’s dissenting views were I not of the opinion that the law, as it now stands, precludes our doing so. However, were I to do so it would be with these qualifications:

I think the most potent objection to the Roth test rests on the virtual impossibility of applying it. “Obscenity” or “pornography” is not a word susceptible to close analysis and definition. Essentially they are pejoratives, indicating material which arouses disgust in someone. Unless one is to sanction banning all materials which any substantial body of opinion might regard as disgusting—…