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Kingsley Books, Inc., v. Brown (docket #: 107) (1957)  [Findlaw]

Argument Date 04/22/1957
Decided 06/24/1957
Supreme Court Vote 5-4
Supreme Court Ruling Free Speech claim denied; ruling that enjoinment of sale of and destruction of obscene booklets did not violate the freedom of speech and press protected by the Due Process Clause of the Fourteenth Amendment.
IssueWhether an injunction on sale of obscene booklets and destruction of such booklets amounted to “prior restraint” by the State, violating the First and Fourteenth Amendments.
Majority Opinion Frankfurter, J. (joined by Douglas, Brennan, Stewart, Marshall, and Blackmun, JJ.)
Dissenting Opinion Warren, C.J., & Douglas, J. (joined by Black, J., announced by Brennan, J.), & Brennan, J.
Lower Court New York Court of Appeals
Lower Court Ruling Free Speech claim denied.
For Petitioner
Emanuel Redfield

For Respondent
Seymour B. Quel

For Amicus
Attorney General of New York (supporting Respondents)

New York Civil Liberties Union (supporting Petitioners)

Opinion - Lower Court
Brown v. Kingsley Books, 1 N.Y.2d 177 (N.Y. 1956)
"2 Bookshops Accept Ban; 2 Others Default on Demand to Stop Selling Horror Volume," Sep. 18, 1954, pg. 36
"High Court Rule Bars Obscenity," The Washington Post (Times Herald), Jun. 25, 1957, sect. A, pg. 12
"High Court to Hear Booksellers’ Cases," New York Times, Jan. 15, 1957, pg. 18
"Lewd-Book Ban Scores; Court Enjoins Concern After Police Seize 200,000 Items," New York Times, Nov. 20, 1954, pg. 32
"Sale of a Crime Book Is Blocked as City Takes 5 Sellers to Court," New York Times, Sep. 11, 1954, pg. 19
Allen, Frank B., "Say Decision Not Based on Law," Daily Defender (Daily Edition), Jun. 26, 1957, pg. 6
Houston, Luther A., "Free Speech No Protection for Obscenity, Court Rules," New York Times, Jun. 25, 1957, pg. 1
Schucat, Theodor, "Clear-cut Test of Obscenity Law Possible," The Washington Post (Times Herald), Apr. 21, 1957, sect. E, pg. 3
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