ArchivesSpace at the University of Iowa

Scope and Contents 1957 Supreme Court Case: Sam Roth, NY publisher of risque literature, sentenced to five years and fined $5,000 for sending an "obscene, lewd, lascviious and filthy" publication called "American Aphrodite" through the U.S. mail. David Alberts, LA book distributor, sentenced and fined for distributing "obscene and indecent" books such as "Sword of Desire," "She Made it Pay" etc. On appeal, challenged the constitutionality (First Amendment) rights. Two cases were consolidated and came to be known as Roth v. United States and their convictions were upheld. Judge Brennan's formula for determining obscenity: 1) whether to the average person, 2) applying contemporary communiy standards, 3) the dominant theme of the material taken as a whole, 4) appeals to prurient interest.1957 Ferlinghetti indited for selling Ginsberg's "Howl." Obscenity case dismissed because the material had redeeming social importance. Publishers Weekly review: The shelf is full of books about "outlaw social...