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Bantam Books, Inc. v. Sullivan (docket #: 118) (1963)  [Findlaw]

Argument Date 12/03/1962
Decided 2/18/1963
Supreme Court Vote 5-3-1
Supreme Court Ruling First Amendment claim upheld; the commission's "system of informal censorship" was unconstitutional.
 
IssueWhether a Rhode Island commission mandated to educate the public about and investigate and recommend the prosecution of "obscene" or "indecent" material was unconstitutional.
Majority Opinion Brennan, J.
Concurring Opinion Black, J. (concurring in the result), Douglas, J., & Clark, J.
Dissenting Opinion Harlan, J.
Lower Court Pennsylvania Superior Court
Lower Court Ruling First Amendment claim denied
Lawyers
For Petitioner
Horace S. Manges

For Respondent
J. Joseph Nugent, Attorney General of Rhode Island

Briefs
For Amicus
Irwin Karp for the Authors League of America, Inc. (for petitioner)

News
"Book Blacklist Curbed," The New York Times, Feb. 15, 1961, p. 33
"High Court Bars Book Censorship," The New York Times, Feb. 19, 1963, p. 7
"State Book Censor Unit Goes Too Far, Court Says," The Washington Post, Feb. 19, 1963, Sect. A, p. 4
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), pp. 984
Commentary
"Purity by Intimidation," The Washington Post, Sept. 21, 1960, Sect. A, p. 16
"Purity by Pressure," The Washington Post, Feb. 20, 1963, Sect. A, p. 16
Books
For Respondent
Emerson, Thomas, THE SYSTEM OF FREEDOM OF EXPRESSION (1970), p. 514-515

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