458Case+Brief+-+Ginsberg

458Case+Brief+-+Ginsberg - Ginsberg v. New York (1968) I....

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Ginsberg v. New York (1968) I. The Facts: Ginsberg & his wife operated “Sam’s Stationery and Luncheonette” in Bellmore, Long Island. Ginsberg was convicted of selling “girlie” magazines to a 16-year- old boy in violation of Section 484-h of the New York Penal Law. The statue makes it unlawful “knowingly to sell…to a minor” under 17 “(a) any picture… which depicts nudity…and which is harmful to minors,” and “(b) any… magazine…which contains [such pictures] and which, taken as a whole, is harmful to minors.” II. The Issue: Is the New York criminal obscenity statute, which prohibits the sale to minors under 17 of material defined to be obscene on the basis of its appeal to them whether or not it would be obscene to adults, constitutional or not? III. The Holding: The court found that the New York statute was constitutional. IV. The Rationale: Ginsberg’s primary claim was about the power of the state to define the material’s obscenity on the basis of its appeal to minors, and thus exclude material so
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458Case+Brief+-+Ginsberg - Ginsberg v. New York (1968) I....

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