United States v. Alpers

Background

The case was brought by the United States against a person who deposited packages of phonograph records with an express company for carriage between states. The records were conceded to be obscene, and the defendant was convicted in the District Court on two counts and fined. The Court of Appeals reversed that conviction, and the Supreme Court agreed to decide whether the federal criminal statute that bans interstate shipment of obscene "books...or other matter of indecent character" reaches phonograph records.

Reasoning

The core question was whether the words "other matter of indecent character" include sound recordings. The majority said yes. It recognized that criminal laws are strictly construed, but held that a narrow application of a construction rule (which would limit the law to items only seen, not heard) would defeat Congress’s obvious purpose to keep interstate commerce from carrying anything that communicates obscene ideas. The Court noted Congress had added motion-picture film in a 1920 amendment and found no intent to confine the law to visual items, so it reversed the appeals court and affirmed the lower court’s convictions.

Real world impact

The decision permits federal prosecutors to charge people who send obscene phonograph records across state lines and strengthens the government’s ability to stop interstate dissemination of obscene sound recordings. Carriers and sellers of such records may face federal enforcement. The opinion also notes that Congress might still amend the statute to clarify coverage.

Dissents or concurrances

Justice Black, joined by Justices Frankfurter and Jackson, dissented. They argued criminal statutes must give clear notice of forbidden conduct and warned that expanding "other matter" to include sound recordings risks judicially imposed censorship rather than leaving any change to Congress.