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KINGSLEY BOOKS, INC., v. BROWN

No. 107.

354 U.S. 436 (1957)

77 S.Ct. 1325

1 L.Ed.2d 1469

KINGSLEY BOOKS, INC., ET AL. v. BROWN, CORPORATION COUNSEL.

Supreme Court of United States.

Decided June 24, 1957.

Attorney(s) appearing for the Case

Emanuel Redfield argued the cause and filed a brief for appellants.

Seymour B. Quel argued the cause for appellee. With him on the brief were Peter Campbell Brown and Fred Iscol.

Ephraim London filed a brief for the New York Civil Liberties Union, as amicus curiae, urging reversal.

Louis J. Lefkowitz, Attorney General, John R. Davison, Solicitor General, and Ruth Kessler Toch, Assistant Attorney General, filed a brief for the State of New York, as amicus curiae, urging affirmance.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This is a proceeding under § 22-a of the New York Code of Criminal Procedure (L. 1941, c. 925), as amended in 1954 (L. 1954, c. 702). This section supplements the existing conventional criminal provision dealing with pornography by authorizing the chief executive, or legal officer, of a municipality to invoke a "limited injunctive remedy," under closely defined procedural safeguards, against the sale...

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