Kaplan v. California

Background

A bookstore owner in Los Angeles ran an "adult" shop and sold a book called Suite 69 to an undercover police officer after showing and reading from it. The State prosecuted him under California Penal Code §311.2 for selling obscene material. The book contained only repetitive, explicit written descriptions of sexual conduct with almost no plot and no pictures. At trial both sides used expert witnesses and the entire book was shown to the jury; the State did not offer evidence about national standards or that the book was utterly without redeeming social value. A California appellate court affirmed the conviction.

Reasoning

The Court addressed whether words alone can be legally obscene and whether state community standards are sufficient to make that determination. The majority said obscenity is unprotected even when expressed in words, that a State’s "contemporary community standards" can be applied, and that prosecutors need not present expert testimony once the material itself is in evidence. On this record the Court concluded the prosecution's evidence was adequate under the Constitution to support the conviction. The Court therefore vacated the state judgment and returned the case for further proceedings consistent with its opinion and related decisions.

Real world impact

The ruling allows states to regulate and prosecute the commercial sale of sexually explicit written material, even when it has no pictures and is sold to consenting adults. States may apply their own community standards to judge obscenity. The case was not decided finally on all matters; it was sent back to the state court for further steps in light of the Court’s guidance.

Dissents or concurrances

Justice Douglas would have dismissed the charge for vagueness. Justices Brennan, Stewart, and Marshall would have reversed and directed different further proceedings.