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PINKUS v. UNITED STATES

No. 77-39.

436 U.S. 293 (1978)

98 S.Ct. 1808

56 L.Ed.2d 293

PINKUS, DBA ROSSLYN NEWS CO. ET AL. v. UNITED STATES

Supreme Court of United States.

Decided May 23, 1978.

Attorney(s) appearing for the Case

Bernard A. Berkman argued the cause for petitioner. With him on the briefs was Larry S. Gordon.

Jerome M. Feit argued the cause for the United States. With him on the brief were Solicitor General McCree and Assistant Attorney General Civiletti.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari in this case to decide whether the court's instructions in a trial for mailing obscene materials prior to 1973, and therefore tried under the Roth-Memoirs standards, could properly include children and sensitive persons within the definition of the community by whose standards obscenity is to be judged. We are also asked to determine whether the evidence supported a charge that...

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