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UNITED STATES v. SLEPICOFF

No. 75-1404.

524 F.2d 1244 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Hyman C. SLEPICOFF, d/b/a Graduate Enterprises, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 29, 1976.

Attorney(s) appearing for the Case

Robert Sarno, Los Angeles, Cal., Samuel Rosenwein, Studio City, Cal., for defendant-appellant.

John L. Briggs, U.S. Atty., Jacksonville, Fla., John L. Murphy, Chief, Govt. Regulations Section, Robert Trout, B. Franklin Taylor, Jr., Harold Damelin, Crim. Div., Washington, D.C., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and COLEMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 29, 1976.

THORNBERRY, Circuit Judge:

It has long been established that obscenity is not within the ambit of the constitutional guarantees of freedom of speech and of the press. Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957); Jacobellis v. State of Ohio, 378 U.S. 184, 84 S.Ct. 1676, 12 L.Ed.2d 793 (1964).

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