Martin Garbus, for petitioner. Solicitor General Marshall, Assistant Attorney General Vinson, Robert S. Erdahl and Marshall T. Golding, for the United States.
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Dissenting opinion by Mr. Justice Stewart:
Mr. Justice DOUGLAS joins this dissent, adding that he would also reverse on the basis of his separate opinions in Ginzburg v. United States, 383 U.S. 463 , and A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' v. Attorney General of Com. of Massachusetts, 383 U.S. 413 . Mr. Justice BLACK would also grant certiorari and reverse the judgment.
[ Footnote 1 ] He was also convicted for mailing non-obscene circulars advertising these records for sale. If the records are not obscene, the convictions on these advertising counts obviously cannot stand. Five additional counts involve the label of a third record, pasted on the outside of its mailing wrapper. This record was not even alleged to be obscene.
[ Footnote 2 ] Columbia Univ. Press, N.Y., 1947.[ Davis v. U.S. 384 U.S. 953 (1966) ]