McCauley v. Tropic of Cancer

The Statute.

This action was brought under sec. 269.S6S, Stats., entitled, “Declaratory judgments against obscene matter.” The issue is whether the matter complained of is obscene. The word “obscene” is not defined. The statute does provide that,

“. . . The dominant effect of the whole of such matter shall be determinative of whether said matter is obscene.” 1

The statute directs the court,

“. . . subject to the ordinary rules of evidence in civil actions [to] . . . receive the testimony of experts and evidence as to the literary, cultural or educational character of said matter and as to the…