Marvin Miller, Covina Publishing, Inc., a Corporation Doing Business as Collector's Publications v. United States , 431 F.2d 655 ( 1970 )


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  • BARNES, Circuit Judge

    (concurring) :

    I concur. The widely and even carelessly disseminated material was pornographic, and its appeal was to a prurient interest. The pandering that dominated the distribution of material in Ginzburg, supra, clearly existed here.

    *660Until the Supreme Court finds that 18 U.S.C. §§ 1461 and 1462 are unconstitutional, no matter who may receive the mailings, convictions based, upon such indiscriminate and wholesale mailings of obscene material with reckless disregard of the identity and age of recipients must be

    Affirmed.

Document Info

Docket Number: 23935

Citation Numbers: 431 F.2d 655

Judges: Barnes, Kilkenny, Trask

Filed Date: 10/26/1970

Precedential Status: Precedential

Modified Date: 10/19/2024