New York Court of Appeals
The People of the State of New York v. Louis Finkelstein, Joseph Kleinberg, Nathan Goldstein, Louis Schaeffer and…
March 30, 19619 N.Y.2d 342
Summary
The Court held that New York Penal Law § 1141 implicitly requires scienter, so the convictions were reversed and new trials were ordered. The majority reasoned that the statute can be construed to preserve its constitutionality and therefore does not violate the First Amendment.