Roth v. United States, 354 U.S. 476. [2] After a campaign of harassment from the U.S. Post Office Department and the Federal Bureau of Investigation, Los Angeles Postmaster Otto Olesen declared the October 1954 issue "obscene, lewd, lascivious and filthy" and therefore unmailable under the Comstock laws. In both cases the court affirmed the right of local governments to engage in some form of censorship. It held that both Missouri's procedures for the seizure of allegedly obscene material and the execution of the warrant itself violated the Fourth and Fourteenth amendments' prohibitions on search and seizure without due process. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. [7] Julber filed a petition with the U.S. Supreme Court on June 13, 1957.

United States v. Playboy Entertainment Group, Inc. American Booksellers Foundation for Free Expression v. Strickland, Board of Airport Commissioners v. Jews for Jesus, Clark v. Community for Creative Non-Violence, Barr v. American Association of Political Consultants, Schenck v. Pro-Choice Network of Western New York, Perry Education Association v. Perry Local Educators' Association, West Virginia State Board of Ed. Due to First Amendment concerns, the local court convicted Rabe not on the basis that the film as a whole was obscene, but that exhibiting it in a drive-in theater was. Carol slipped her arm under her neck, and all the length of their bodies touched, fitting as is something had prepared it…Her arms tightened around Carol, and she was conscious of Carol and nothing else, of Carol’s hand that slid along her ribs, Carol’s hair that brushed her bare breasts, and then her body too seemed to vanish in widening circles that leaped further and further, beyond where thought could follow. On Jan. 13, 1958, the U.S. Supreme Court delivered its first ever pro-gay ruling in ONE Inc. v. Olesen, a landmark decision that allowed a magazine for gays and lesbians to be sent through the U.S. mail. By a 5–4 margin, the Court held that it did not. “Is There a Lesbian in Your Town?” by Shailer I. Lawton, M.D. We sat together in the cinema, and his hand wandered, fondled me intimately. You had almost thought I had been his wife…my sensations were strange…, Considering how sociably we had been sleeping together the night previous, and especially considering the affectionate arm I had found over me in the morning…I began to feel myself mysteriously drawn towards him…I drew my bench near him, and made some friendly signs and hints…at first he little noticed these advances; but presently…made out to ask me whether we were again to be bedfellows. Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations, Virginia State Pharmacy Bd. Healthy City School Dist. Men and wife…thus, then, in our hearts’ honeymoon, lay I an Queequeg—a cozy, loving pair. Those who take pleasure in physical contact with men…Such boys and lads are the best of their generation because they are the most manly…Such a pair practically refuse ever to be separated, even for a moment. Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the US Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value". Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. California Motor Transport Co. v. Trucking Unlimited, Smith v. Arkansas State Highway Employees, Buckley v. American Constitutional Law Foundation, BE and K Construction Co. V. National Labor Relations Board. (p. 3), “A CASUAL INCIDENT” (from THE SHORT STORY OF JAMES T. FARRELL) (Vanguard, 1934). DARK PASSIONS SUBDUE, by Douglas Sanderson (Dodd, Mead & Co., 1950), The fingers stopped their movement and gripped tighter. Again it slid. All you need to get along in the Navy is a pretty face and a captain with hot pants.”, “There you go, bragging again.

MEMOIRS OF ARTHUR HAMILTON, by A.C. Benson (London: Paul Kegan 18?? CHARLES HUSSON, by Paul Verlaine (new translation, Greenberg, 1953). Rights", "Privacy Jurisprudence and the Apartheid of the Closet, 1946–1961", "Supreme Court faced gay rights decision in 1958 over 'obscene' magazine", "The unknown Supreme Court decision that changed everything for gays", "Obscenity in the Mails: A Comment on Some Problems of Federal Censorship", Homosexuality and Free Speech: The 1958 ONE Case, "Homosexuality and Free Speech: The 1958 ONE Case", Early LGBT rights advocacy in the United States, Board of Trustees of Scarsdale v. McCreary, American Legion v. American Humanist Ass'n, Walz v. Tax Comm'n of the City of New York, Board of Ed. “Let me tell you about me and the admiral.”, WHISPER HIS SIN, by Vin Packer (Fawcett Publications, 1954, New York City).

KINGS ROW, by Henry Bellamann (Simon & Schuster, New York, 1940). Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. “PAGES FROM COLD POINT,” by Paul Bowles (from THE DELICATE PREY) (Random House, 1949). The idea for a publication dedicated to homosexuals emerged from a Mattachine Society discussion meeting held on October 15, 1952. On January 13, 1958, that court both accepted the case and, without hearing oral argument, issued a terse per curiam decision reversing the Ninth Circuit.

By a 7–2 margin, the Court held that a seizure of the books was unconstitutional, since no hearing had been held on whether the books were obscene, and it reversed a Kansas Supreme Court decision that upheld the seizure. The magazine sued. One, Inc. v. Olesen 355 U.S. 371 (January 13, 1958) was a historical decision for LGBT rights in the United States.

I told him yes; whereat I thought he looked pleased…and when our smoke was over, he pressed his forehead against mine, clasped me around the waist, and said that henceforth we were married;…”. For from what I heard at first in Jupien’s shop, which was only a series of inarticulate sounds, I imagine that few words had been exchanged. “The Truth About the Third Sex,” by Roy Ald.

The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. For these reasons, the injunction against the plaintiff should remain in force.