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MANUAL ENTERPRISES v. DAY

No. 123.

370 U.S. 478 (1962)

82 S.Ct. 1432

8 L.Ed.2d 639

MANUAL ENTERPRISES, INC., ET AL. v. DAY, POSTMASTER GENERAL.

Supreme Court of United States.

Decided June 25, 1962.

Attorney(s) appearing for the Case

Stanley M. Dietz argued the cause for petitioners. With him on the brief was Edward J. Lynch.

J. William Doolittle argued the cause for respondent. With him on the briefs were Solicitor General Cox, Assistant Attorney General Orrick, John G. Laughlin, Jr. and David L. Rose.

MR. JUSTICE HARLAN announced the judgment of the Court and an opinion in which MR. JUSTICE STEWART joins.

This case draws in question a ruling of the Post Office Department, sustained both by the District Court and the Court of Appeals, 110 U. S. App. D. C. 78, 289 F.2d 455, barring from the mails a shipment of petitioners' magazines. That ruling was based on alternative determinations that the magazines (1) were themselves "obscene...

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