Legal Opinion

United States v. Various Articles of Obscene Merchandise, Schedule No. 2102

Court of Appeals for the Second Circuit

Decided May 18, 1983No. 1064, Docket 82-6334PublishedCited by 41 opinions

1Opinion of the Court

MANSFIELD, Circuit Judge:

The government appeals from a judgment of the Southern District of New York, entered by Judge Robert W. Sweet after a hearing,1 upon his opinion holding that various “hard-core” pornographic articles of merchandise (video cassettes and magazines 2) seized by the government were not *134“patently offensive” under contemporary community standards and hence not “obscene” within the meaning of 19 U.S.C. § 1305(a) (1976 & Supp. V 1981) and dismissing the government’s complaint under that statute for forfeiture of the merchandise.3 565 F.Supp. 7. An earlier opinion by the…

2Cases cited15 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Hamling v. United StatesSupreme Court of the United States · 1974
  3. Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
  4. Smith v. CaliforniaSupreme Court of the United States · 1960
  5. United States v. 12 200-Ft. Reels of Super 8MM. FilmSupreme Court of the United States · 1973

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3Cited by41 opinions

  1. United States v. Ray Donald LoyCourt of Appeals for the Third Circuit · 2001
  2. American Civil Liberties Union v. RenoDistrict Court, E.D. Pennsylvania · 1996
  3. American Libraries Ass'n v. PatakiDistrict Court, S.D. New York · 1997
  4. United States v. RagsdaleCourt of Appeals for the Fifth Circuit · 2005
  5. Thomas v. HaslamDistrict Court, M.D. Tennessee · 2018

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