exclusion was not legal, but he gave

no reason.

Justice Clark alone dissented. He did not discuss whether the magazines themselves were obscene, because he felt that the case could be decided on the question of the advertisements. It made no difference, he said, whether the publisher knew of the obscene nature of the advertised photos, or whether he did not. The fact that the magazines advertised obscene material makes them unmailable, whatever the publisher "knows" about it. Anyhow, Justice Clark felt that the publisher did know the nature of the advertised photos. For example, the publisher had suggested to one advertiser that "physique fans want their 'truck-driver types' already cleaned up, showered, and ready for bed."

Adults who want freedom to select their own reading matter will welcome the Supreme Court's decision. However, the decision is thinly grounded and may be modified later. This is one of the Supreme Court's "weak" decisions. For one thing it was decided by a reduced court (only seven Justices). More important than that is the three-way split in the majority. One of the majority opinions. represents only two Justices and the other opinion represents only three. Thus, the Post Office has no firmly grounded rule either in a definition. of obscenity or in the limits of its administrative authority. Furthermore, the decision does not concern any question of constitutionally protected freedoms; it merely decides what Congress meant when it passed a certain law.

The Supreme Court has several times dealt with questions of obscenity, but this is the first case in which it has fully discussed problems arising from action of the Post Office in banning allegedly obscene materials. It is not surprising that the issues are not entirely clear.

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