ATTORNEY GENERAL v. "NAKED LUNCH."


351 Mass. 298 (1966)

218 N.E.2d 571

ATTORNEY GENERAL vs. A BOOK NAMED "NAKED LUNCH."

Supreme Judicial Court of Massachusetts, Suffolk.

July 7, 1966.


Attorney(s) appearing for the Case

Edward De Grazia of the District of Columbia (Daniel Klubock with him) for the intervener Grove Press, Inc.

William I. Cowin, Assistant Attorney General, for the Attorney General.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


BY THE COURT.

The book was adjudged obscene in the Superior Court. G.L.c. 272, §§ 28C, 28E, 28F (each inserted by St. 1945, c. 278, § 1). The Supreme Court of the United States has held that, to justify a holding of obscenity, "three elements must coalesce: it must be established that (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary...

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