United States v. Alpers (338 U.S. 680)
U.S. Supreme Court · decided February 6, 1950 · Supreme Court Database (Spaeth)
- Citation
- 338 U.S. 680 · 70 S. Ct. 352
- Docket
- No. 217
- Argued
- December 14, 1949
- Decided
- February 6, 1950
- Term
- October Term 1949
- Vote
- 5–3
- Majority author
- Justice Minton
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Minton (wrote), Justice Clark, Justice Burton, Justice Reed
- Dissenting
- Justice R. H. Jackson, Justice Frankfurter, Justice Black (wrote)
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. The question in this case is whether the shipment of obscene phonograph records in interstate commerce is prohibited by § 245 of the Criminal Code, which makes illegal the interstate shipment of any “obscene . . . book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character.” Respondent was charged by an information in three counts with knowingly depositing with an express company for carriage in interstate commerce packages “containing certain matter of an indecent character, to-wit: phonograph records impressed with recordings of obscene, lewd, lascivious and filthy language and obscene, lewd, lascivious and filthy stories.” Respondent, having waived jury trial, was found guilty by the District Court on two counts and was assessed a fine on each. The Court of Appeals reversed. 175 F. 2d 137. We granted certiorari to examine the applicability of § 245 of the Criminal Code to the facts of this case. 338 U. S. 813. The pertinent provisions of the statute are as follows: “Whoever shall . . . knowingly deposit or cause to be deposited with any express company or other common carrier [for carriage in interstate commerce] any obscene, lewd, or lascivious, or any filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent…
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