Vachon v. New Hampshire

Background

A 14-year-old girl bought a button reading “Copulation Not Masturbation” at a Manchester, New Hampshire, head shop. The shop operator was convicted and punished for "wilfully" contributing to a minor’s delinquency under state law. The New Hampshire Supreme Court affirmed the conviction, interpreting "wilfully" to require intentional conduct, and the case reached this Court for review of the trial record.

Reasoning

The Court examined the trial transcript and asked whether the State had produced any evidence that the operator personally sold the button, caused it to be sold, or knew of the sale to the minor. The only eyewitness was the girl, who said she paid an unidentified person at the counter. The operator’s admission that he controlled the premises did not show he personally sold the pin or caused the sale. Because the record contained no evidence of the crucial element the law required, the Court concluded the conviction violated basic fairness and due process and reversed the judgment.

Real world impact

The decision means prosecutors cannot rely on ownership or control of a store alone to convict someone for contributing to a minor’s delinquency; they must show the accused’s personal involvement or knowledge of the sale. The case was sent back to the New Hampshire Supreme Court for further proceedings consistent with this ruling. This ruling resolves the case on insufficient evidence, not on the button’s content or on broader free speech issues, so those questions remain open.

Dissents or concurrances

A dissent argued the Court improperly raised a federal constitutional issue not presented to the state court and that the state court’s view of the statute should have been respected.