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HUDSON COUNTY NEWS CO. v. SILLS

41 N.J. 220 (1963)

195 A.2d 626

HUDSON COUNTY NEWS COMPANY, INC., A DOMESTIC CORPORATION, PLAINTIFF-APPELLANT, v. ARTHUR J. SILLS, AS ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, BRENDAN T. BYRNE, AS PROSECUTOR OF ESSEX COUNTY, JAMES A. TUMULTY, JR., AS PROSECUTOR OF HUDSON COUNTY, AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 2, 1963.

Attorney(s) appearing for the Case

Mr. Julius Kass of the New York Bar argued the cause for the appellant (Mr. Jacob H. Bernstein, attorney).

Mr. Arthur W. Brinkmann, Deputy Attorney General, argued the cause for the respondents (Mr. Arthur J. Sills, Attorney General of New Jersey, Attorney pro se and for the respondent State of New Jersey; Mr. Brendan T. Byrne, Prosecutor of Essex County, Attorney pro se, Mr. Peter Murray, Assistant Prosecutor of Essex County, of counsel; Mr. James A. Tumulty, Jr., Prosecutor of Hudson County, Attorney pro se, Mr. Harold Ruvoldt, Assistant Prosecutor of Hudson County, of counsel).

The opinion of the court was delivered by JACOBS, J.

The Law Division entered a judgment declaring Chapter 174 of the Laws of 1962 (N.J.S. 2A:170-77.2a, 77.2b) to be constitutional. The plaintiff appealed to the Appellate Division and we certified before argument there.

In 1960 a joint legislative commission was created to study and investigate obscenity in certain publications and to report its...

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