Ralph Ginzburg and several of his associates were charged with violating a federal obscenity statute for mailing circulars about how and where three different obscene publications could be obtained. Ginzburg challenged his conviction as unconstitutional since the circulars themselves were not obscene. On appeal from an adverse ruling by the Third Circuit Court of Appeals, upholding an unfavorable lower court finding, the Supreme Court granted Ginzburg certiorari.
Does conviction under the federal obscenity statute, for pandering advertisements for sexually explicit publications, violate of the First Amendment's free speech protections if the advertisements are not themselves obscene?
Yes. In a 5-to-4 decision, the Court held that although circulars themselves may not be obscene, their public mailing offends the federal obscenity statute if they advertise obscene materials. The Court reasoned that where the sole emphasis of an advertisement is the commercial exploitation of erotica for prurient appeal, it shall be deemed "pornographic" communication that lies beyond the scope of First Amendment speech protections. The Court cautioned, however, that the distribution of materials containing sexuality in the context of art, literature, or science is not per se prohibited under the obscenity statute if it can be shown to advance human knowledge or understanding.
Decisions
Decision: 5 votes for United States, 4 vote(s) against Legal provision: 18 U.S.C. 1461
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Full Opinion by Justice William J. Brennan, Jr.
