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UNITED STATES v. GINZBURG

November 21, 1963

UNITED STATES of America
v.
Ralph GINZBURG, Documentary Books, Inc., Eros Magazine, Inc., Liaison NewsLetter, Inc.



The opinion of the court was delivered by: BODY

The following Special Findings of Fact which were previously entered by the Court on August 6, 1963 are hereby incorporated into and made a part of this opinion:

SPECIAL FINDINGS OF FACT

 1. The stipulation entered into by counsel for defendants and counsel for the government, and approved by this Court, dated May 8, 1963, filed the same day (Clerk's File, Document Number 12) is hereby incorporated in its entirety as a finding of this Court.

 2. The mailing of 'Liaison' Vol. 1, No. 1, 1962; 'Eros' Vol. 1, No. 4, 1962; and 'The Housewife's Handbook on Selective Promiscuity' (referred to hereinafter as 'Liaison', 'Eros' and 'The Handbook' respectively) was accomplished by large quantity distribution through a large mail order firm.

 3. Defendants sought initially to obtain mailing from Blue Ball, Pennsylvania; secondly, from Intercourse, Pennsylvania; and finally succeeded in making arrangements for mailing from Middlesex, New Jersey, from which place all or substantially all of the mailings issued.

 4. The particular places referred to in Finding No. 3 were chosen in order that the postmarks on mailed material would further defendants' general scheme and purpose.

 5. The Handbook is a vivid, explicit and detailed account of a woman's sexual experiences from age three years to age thirty-six years which goes substantially beyond customary limits of candor exceeding contemporary community standards in description and representation of the matters described therein.

 6. The Handbook appeals predominantly, taken as a whole, to prurient interest of the average adult reader in a shameful and morbid manner.

 7. The Handbook is patently offensive on its face.

 8. The Handbook treats sex in an unrealistic, exaggerated, bizarre, perverse, morbid and repetitious manner and creates a sense of shock, disgust and shame in the average adult reader.

 9. The Handbook has not the slightest redeeming social, artistic or literary importance or value.

 10. There is no credible evidence that The Handbook has the slightest valid scientific importance for treatment of individuals in clinical psychiatry, psychology, or any field of medicine.

 11. Liaison consists primarily of matters relating to sex and in doing so it goes beyond customary limits of candor, exceeding contemporary standards in description and representation of the matters described therein.

 12. Liaison primarily and as a whole is a shameful and morbid exploitation of sex published for the purpose of appealing to the prurient interest of the average individual.

 13. Liaison has not the slightest redeeming social, artistic or literary importance or value.

 14. Liaison is patently offensive on its face.

 15. Liaison treats sex in an unrealistic, exaggerated, bizarre, perverse, morbid and repetitious manner and creates a sense of shock, disgust and shame in the average adult reader.

 16. While portions of Eros are taken from other works and may have literary merit in context, Eros appeals predominantly, taken as a whole, to prurient interest of the average adult reader in a shameful and morbid manner.

 17. The deliberate and studied arrangement of Eros is editorialized for the purpose of appealing predominantly to prurient interest and to insulate through ...


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