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Mishkin v. New York, 383 U.S. 502 (1966)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Mishkin v. New York, 383 U.S. 502 (1966)
Mishkin v. New York No. 49 Argued December 7, 1965 Decided March 21, 1966 383 U.S. 502
APPEAL FROM THE COURT OF APPEALS OF NEW YORK
Syllabus
Appellant was convicted of violating § 1141 of the New York Penal Law for publishing, hiring others to prepare, and possessing with intent to sell obscene books.
Held:
1. The statute is not impermissibly vague. Roth v. United States, 354 U.S. 476, 491-492. Pp. 506-507.
2. The books were properly found to be obscene. Where the material is designed for and primarily disseminated to a clearly defined deviant sexual group, rather than the public at large, the prurient appeal requirement of the Roth test is satisfied if the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex of the members of that group. P. 508.
3. There was ample evidence that appellant possessed the requisite scienter. Pp. 510-512.
4. The unrestricted notation of probable jurisdiction of the appeal may be regarded as a grant of the writ of certiorari as to appellant’s claim that the books had been illegally seized and that their admission into evidence was therefore improper. However, such writ is dismissed as improvidently granted for lack of sufficient clarity in the record as to justify resolution of the issue. Pp. 512-514.
15 N.Y.2d 671, 724, 204 N.E.2d 209, 205 N.E.2d 201, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Mishkin v. New York, 383 U.S. 502 (1966) in 383 U.S. 502 383 U.S. 503. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MDCDQVS3LY65GCB.
MLA: U.S. Supreme Court. "Syllabus." Mishkin v. New York, 383 U.S. 502 (1966), in 383 U.S. 502, page 383 U.S. 503. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MDCDQVS3LY65GCB.
Harvard: U.S. Supreme Court, 'Syllabus' in Mishkin v. New York, 383 U.S. 502 (1966). cited in 1966, 383 U.S. 502, pp.383 U.S. 503. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MDCDQVS3LY65GCB.
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