Long v. United States

Background

A man in Lancaster, Pennsylvania received a magazine titled Stellungen that had been mailed from West Germany. A Post Office customs officer opened the envelope, sent it to customs officials, who decided the magazine was obscene, seized it, and started forfeiture proceedings under a federal law (19 U.S.C. §1305) in the Southern District of New York. The man argued the question of obscenity should be judged by Lancaster community standards, and the trial judge agreed and dismissed the case for lack of local evidence.

Reasoning

The main dispute was whether imported material should be judged by the community standards where the recipient lives or by the standards where the package first arrives in the United States. The Court of Appeals for the Second Circuit reversed the trial court and held that standards at the port of entry (New York) control. The Supreme Court denied the petition for review, so it did not rule on the legal merits. Because the high court refused review, the appeals court ruling remains in effect.

Real world impact

The practical outcome is that customs officials at ports of entry have authority to apply local port standards when deciding whether imported books or magazines are obscene and subject to seizure. This makes it harder for recipients who live in more permissive communities to keep imported material. The Supreme Court’s denial of review is not a decision resolving the constitutional questions in this case on the merits.

Dissents or concurrances

Justice Brennan, joined by Justices Stewart and Marshall, dissented from the denial. He argued the statute is overbroad and unconstitutional and said he would have reversed the appeals court decision.