KINGSLEY BOOKS, INC. v. BROWN

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Case Basics
Docket No. 
107
Appellant 
Kingsley Books, Inc. et al.
Appellee 
Peter Campbell Brown
Advocates
(argued the cause for the appellants)
(argued the cause for the appellee)
Tags
Term:
Facts of the Case 

New York state law authorized the legal counsel for a municipality to seek an injunction against and the destruction of material deemed by the courts to be obscene. Peter Campbell Brown, Corporation Counsel for the City of New York, sought such an injunction against several bookstores. The process of review that followed was a civil, rather than criminal procedure, and the courts ultimately granted the injunction and sought to destroy the obscene material.

Question 

Did the civil procedure as laid out by New York statute violate the booksellers' rights under the Due Process Clause of the Fourteenth Amendment by not allowing for a criminal trial before imposing an injunction and destroying the obscene material?

Conclusion 
Decision: 5 votes for Brown, 4 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

No. In a 5–4 opinion authored by Justice Felix Frankfurter, the Court concluded that the civil procedure complied with the requirements of due process. Justice Frankfurter noted that the procedural safeguards were not significantly different from many state criminal misdemeanor procedures, nor were the penalties any more severe. The opinion also reaffirmed the existing notion that the constitutional protection of speech does not extend to obscene material.

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KINGSLEY BOOKS, INC. v. BROWN. The Oyez Project at IIT Chicago-Kent College of Law. 11 September 2014. <http://www.oyez.org/cases/1950-1959/1956/1956_107>.
KINGSLEY BOOKS, INC. v. BROWN, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1950-1959/1956/1956_107 (last visited September 11, 2014).
"KINGSLEY BOOKS, INC. v. BROWN," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 11, 2014, http://www.oyez.org/cases/1950-1959/1956/1956_107.