Roth Vs. Us

Roth v. United States, 354 U.S. 476 (1957)

Facts: Roth operated a book-selling business in New York and was convicted by a jury in the District Court for mailing obscene circulars and an obscene book in violation of a federal obscenity statute. The statute stated:

Every obscene, lewd, lascivious, or filthy book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character...is declared to be nonmailable matter...Whoever knowingly deposits for mailing or delivery, anything declared by this section to be nonmailable, or knowingly takes the same from the mails for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

Roth's case was combined with Alberts v. California. Alberts conducted a mail-order business from Los Angeles for which he was convicted by the Judge of the Municipal Court under a misdemeanor complaint which charged him for selling lewd and obscene books in addition to composing and publishing obscene advertisements for his products. The California obscenity law states:

Every person who willfully and lewdly...writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper or book; or designs, copies, draws, engraves, paints, or otherwise prepares any obscene or indecent picture or print; or molds, cuts, casts, or otherwise makes any obscene or indecent figure...is guilty of a misdemeanor...

Issue: Did either the federal obscenity statute or California obscenity law, prohibiting the sale or transfer of obscene material through the mail, impinge upon the freedom of expression as guaranteed by the First Amendment?

Decision: 6-3 decision, by Justice