Supreme Court of the United States
Kingsley Books, Inc. v. Brown, Corporation Counsel
June 24, 1957354 U.S. 436
Summary
The Court affirmed the constitutionality of New York’s § 22‑a, holding that the statute’s limited injunctive remedy for obscene publications does not constitute an impermissible prior restraint under the First Amendment or Due Process Clause. The decision notes that the procedure provides prompt trial safeguards and is comparable to criminal enforcement of obscenity statutes. The dissenting opinions argue that the injunction power is an unconstitutional prior restraint and would reverse the judgment.
Holding
- Whether New York’s § 22‑a, which permits a temporary injunction and seizure of obscene publications before a full trial, violates the First Amendment prior‑restraint doctrine or the Fourteenth Amendment due‑process clause.. The statute is constitutional; it does not constitute an impermissible prior restraint because it provides prompt trial safeguards and is limited to material already adjudicated obscene.
Docket 107
Cited authorities
- 4 Vand. L. Rev. 533
- 52 Stat. 1044