Kingsley Books, Inc. v. Brown

Opinion of

Mr. Justice Douglas, joined by Mr. Justice Black, dissenting, announced by Mr. Justice Brennan.

There are two reasons why I think this restraining order should be dissolved.

First, the provision for an injunction pendente lite gives the State the paralyzing power of a censor. A decree can issue ex parte — without a hearing and without any ruling or finding on the issue of obscenity. This provision is defended on the ground that it is only a little encroachment, that a hearing must be promptly given and a finding of obscenity promptly made. But every publisher knows what awful effect a…