Legal Opinion
People v. Heller
New York Court of Appeals
Decided December 1, 1971PublishedCited by 21 opinions
1Opinion of the CourtBergan, J.
The film “ Blue Movie ”, subject of this prosecution under section 235.05 of the Penal Law, is simple pornography unrelieved by any merit. Acts of sexual intercourse are portrayed, actual or simulated, accompanied by a series of sexual manifestations and movements.
The elements which must be established to satisfy the constitutional protection afforded by the First Amendment to freedom of expression as laid down by Both v. United States (354 U. S. 476) are established in this prosecution. The statute itself meets the Both standards (Overstock Book Co. v. Barry, 436 F. 2d 1289 [2d Cir., 1970]).
T…
2Cases cited8 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1964
- Redrup v. New YorkSupreme Court of the United States · 1967
- Lee Art Theatre, Inc. v. VirginiaSupreme Court of the United States · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Heller v. New YorkSupreme Court of the United States · 1973
- Bryers v. StateCourt of Criminal Appeals of Texas · 1972
- G. I. Distributors, Inc. v. MurphyCourt of Appeals for the Second Circuit · 1973
- G. I. Distributors, Inc. v. MurphyDistrict Court, S.D. New York · 1972
- People v. AdaisCriminal Court of the City of New York · 1982
16 more not listed; retrieve them via the Exa API.