Parties: KINGSLEY v. BROWN
Date: 1957-06-24
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Paragraph: 6 - If New York chooses to subject persons who disseminate obscene 'literature' to criminal prosecution and also to deal with such books as deodands of old, or both, with due regard, of course, to appropriate opportunities for the trial of the underlying issue, it is not for us to gainsay its selection of remedies. Just as Near v. State of Minnesota, supra, one of the landmark opinions in shaping the constitutional protection of freedom of speech and of the press, left no doubts that 'Liberty of speech, and of the press, is also not an absolute right,' 283 U.S. at page 708, 51 S.Ct. at page 628, it likewise made clear that 'the protection even as to previous restraint is not absolutely unlimited.' Id., 283 U.S. at page 716, 51 S.Ct. at page 631. To be sure, the limitation is the exception; it is to be closely confined so as to preclude what may fairly be deemed licensing or censorship.
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Phrase match: of freedom of speech and of
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Paragraph: 11 - Nor are the consequences of a judicial condemnation for obscenity under § 22—a more restrictive of freedom of expression than the result of conviction for a misdemeanor.
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Paragraph: 17 - My views on the right of a State to protect its people against the purveyance of obscenity were expressed in Roth v. United States
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Paragraph: 25 - The publisher is entitled to that leeway under our constitutional system. One is entitled to defend every utterance on its merits and not to suffer today for what he uttered yesterday. Free speech is not to be regulated like diseased cattle and impure butter. The audience (in this case the judge or the jury) that hissed yesterday may applaud today, even for the same performance.
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Phrase match: yesterday. Free speech is not to
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