People v. Hilty

Is “ Sexual Freedom in Denmark ” — a motion picture — pure1 pornography, as claimed hy the District Attorney, or is it pornographically pure2, as defendants claim? That is the question. And in so many cases there has been such disparity of holding in this field of law that it may in earnest be said, as Hamlet once did3, it is “ the undiscovered country from whose bourne no traveller returns It is a wandering in the flat of mesalike geography that affords no single line of progress. We make our way ad hoc with bifurcated trails at every turn.

Precedent no longer guides us along the way. For…