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MANUAL ENTERPRISES, INC. V. DAY, 370 U. S. 478 (1962)

U.S. Supreme Court

Manual Enterprises, Inc. v. Day, 370 U.S. 478 (1962)

Manual Enterprises, Inc. v. Day

No. 123

Argued February 26-27, 1962

Decided June 25, 1962

370 U.S. 478


After an administrative hearing, the Judicial Officer of the Post Office Department issued a ruling barring a shipment of petitioners' magazines from the mails under 18 U.S.C. § 1461, on the grounds that (1) they were themselves "obscene," and (2) they gave information as to where "obscene" matter could be obtained. The magazines consisted largely of photographs of nude, or nearly nude, male models, and gave the name of each model and each photographer and the latter's address. They also contained a number of advertisements by independent photographers offering for sale photographs of nude men. The Judicial Officer found that the magazines (1) were composed primarily, if not exclusively, for homosexuals, and had no literary, scientific or other merit; (2) would appeal to the "prurient interest" of such sexual deviates, but would not have any interest for sexually normal individuals; (3) are read almost entirely by homosexuals, and possibly a few adolescent males; and (4) would not ordinarily be bought by normal male adults. In a suit by petitioners, the District Court sustained the administrative ruling and denied injunctive relief. The Court of Appeals affirmed.

Held: the judgment is reversed. Pp. 370 U. S. 479-519.

110 U.S.App.D.C. 78, 289 F.2d 455, reversed.

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