Pinkus v. United States
Headline: Obscenity ruling excludes children from the community standard in federal mail prosecutions, reverses the conviction and sends the case back, clarifying how juries must be instructed when judging mailed adult materials.
Holding: The Court held that, in federal prosecutions under the mail statute, juries must exclude children from the 'community' when applying community standards to determine obscenity, and it reversed and remanded the conviction.
- Excludes children from the 'community' when juries apply community standards in federal mail-obscenity trials.
- Allows courts to consider reactions of adult sensitive persons and deviant groups if supported by evidence.
- Reverses and remands the conviction, requiring further proceedings and review of comparison-evidence issues.
Summary
Background
A bookseller who mailed adult brochures, magazines, and a film was tried under the federal mail statute, 18 U.S.C. §1461, on 11 counts of sending obscene materials. The government introduced a stipulation that the mailings were made knowingly to adult recipients and presented rebuttal expert testimony. The defense offered surveys, expert opinion, and two comparison films to show the materials fit community tolerance. On retrial in 1976, a jury convicted the seller, who received concurrent prison terms and separate fines totaling $5,500.
Reasoning
The Court reviewed whether the jury instruction about the
Opinions in this case:
Ask about this case
Ask questions about the entire case, including all opinions (majority, concurrences, dissents).
What was the Court's main decision and reasoning?
How did the dissenting opinions differ from the majority?
What are the practical implications of this ruling?