People v. Finkelstein

Van Voobhis, J. (concurring).

In ascertaining what are contemporary community standards, I agree with Judge Dye that other books and publications may be compared which are currently sold by bookstores to the public. This aspect was considered in Smith v. California (361 U. S. 147) in the concurring opinions of Justices Fbankeubteb and Hablan. Justice Fbankeubteb stated:

“ Since the law through its functionaries is ‘ applying contemporary community standards ’ in determining what constitutes obscenity, Both v. United States, 354 U. S. 476, 489, it surely must be rational, and therefore relevant…