Legal Opinion

United States v. One Carton Positive Motion Picture Film Entitled "491"

District Court, S.D. New York

Decided November 17, 1965PublishedCited by 19 opinions

1Opinion of the CourtGraven, Senior District Judge

(by assignment).

1. In this proceeding the Government seeks the forfeiture of an imported motion picture film on the ground that it constitutes obscene material the import of which is prohibited by Section 305 of the Tariff Act (Sec. 1305, Title 19 U.S. C.A.).

2. Section 305 of the Tariff Act (Sec. 1305, Title 19 U.S.C.A.) lists a number of items the import of which is prohibited. Among those items is “obscene” matter. That Section further provides :

“Upon the appearance of any such * * * matter at any- customs office, the same shall be seized and held by the collector to await the judgment of…

2Cases cited21 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Freedman v. MarylandSupreme Court of the United States · 1965
  3. Smith v. CaliforniaSupreme Court of the United States · 1960
  4. Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
  5. Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. United States v. Thirty-Seven (37) PhotographsSupreme Court of the United States · 1971
  2. In Re GianniniCalifornia Supreme Court · 1968
  3. United States v. 392 Copies of a Magazine Entitled "Exclusive"District Court, D. Maryland · 1966
  4. United States v. One Carton Positive Motion Picture Film Entitled "491"Court of Appeals for the Second Circuit · 1966
  5. Wayne County Prosecutor v. DoerflerMichigan Court of Appeals · 1968

14 more not listed; retrieve them via the Exa API.

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