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From the Los Angeles MIRROR-NEWS:`

Court Overturns City Smut Law

In a far-reaching decision, the U.S. Supreme Court. today ruled unconstitutional a city ordinance under which a bookstore owner was charged with having an obscene book in his place of business.

The ruling was on an appeal by Eleazar Smith, 75, proprietor of a place at 518 S Main St., who was sentenced to 30 days in jail because he possessed an allegedly obscene book, "Sweeter Than Life," by Mark Tryon.

Smith was arrested Nov. 19, 1956, after a policeman, bought a copy of the book

there.

Unaware, He Says Smith testified in Municipal Court he didn't know the book was obscene, and that he wouldn't have handled it. if he had known it contained objectionable material.

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Stanley Fleishman, lawyer representing Smith, told the Supreme Court the book dealer also was denied all opportunity to prove in California courts that the volume was not obscene.

The Supreme Court ruling today was complicated by the fact that five justices wrote opinions on the case, but the consensus seemed to be that a bookseller cannot be penalized for the possession of a book he does not know is obscene.

In other words, a book, seller cannot be expected to read every book he stocks.

•

The main opinion written · by Justice Brennan held that the Los Angeles ordinance, "though aimed at obscene matter, has such a tendency to inhibit constitutionally protected expression that it cannot stand under the Constitution:"

Justices Black, Frankfurter and Douglas wrote opinions concurring with Justice Brennan, and Justice Harlan wrote an opinion partly concurring with and partly dissenting from

the main decision.

Power Not Total

Brennan wrote, "The existence of the state's power to prevent the distribution of obscene matter does not mean there can be no constitutional barrier to any form of practical exercise of that power."

The ordinance, he said, "opens the door too far."

Hundreds of cities have antiobscenity ordinances similar to the Los Angeles law that was ruled unconstitutional, City Atty. Roger Arnebergh said.

mattachine REVIEW

SAID ABOUT IT: "In his wild-swinging campaign/ Opponent Wolden accused Christopher's administration of permitting San Francisco to become national headquarters of 'organized sex deviates. The charge, which cosmopolitan San Francisco considered bad manners, queered Wolden with most of his fellow Democrats and all the city's newspapers... (he was) walloped... by more than 50,000

HERE'S WHAT TIME

votes...

(Time Magazine, Nov. 16)

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