After a sensationally covered trial, the verdict came in: Not Guilty. Thus under California's new state obscenity law, the dealer was acquitted of selling an obscene book, therefore the book was not obscene.

But across the continent in Maryland, Tropic didn't fare so well. There a judge took the opposite viewpoint, labeled it as unlawful, and over, the objection of a defense which was not permitted to introduce experts to give. evidence as to its merit, and its sociological and literary importance.

Other trials are yet to come. The outcome will be to keep up the demand for the book, which already is reaching sales heights seldom equalled. For instance, a California newspaper called the district attorney of Marin County one of the most astute and successful book salesmen in the history of the publishing industry.

Cognizant of the uproar today and aware of the promise of books to come tomorrow (Grove Press, already has Tropic of Capricom at the printer's), in this first issue of a new year we have chosen to present some strong arguments on the side of freedom to read. Two articles following cover aspects. of censorship important to everyone who wants to choose freely what he reads without a government official saying it cannot be done.

We urge you to read them carefully.

EDITOR'S NOTE: The copyrighted article, "Pomography, Art & Censorship, by Paul Goodman, is reprinted from COMMENTARY, published by the American Jewish Committee, 165 East 56th Street, New York 22; 60¢ per copy, 7.00 per year. The article on "California's New Law on Obscene Matter" by Terry L. Baum, is reprinted from the Journal of the State Bar of California, published at 601 McAllister Street, San Francisco 2, by the State Bar of California, on a bi-monthly schedule; 1.00 per copy, 5.00 per year.

CHOOSE TO KNOW!

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ין

PAUL GOODMAN

PORNOGRAPHY, ART & CENSORSHIP

RESENT THINKING about ob-

Pscenity and pornography is

wrongheaded and damaging. In order to protect vital liberties, the higher, more intellectual courts often stand out against the police, the postmasters, and popular prejudice; yet since they don't give the right reasons, the issues are never settled. And worse, the courts lend themselves to the sexual attitude which, at this moment in our history, creates the very "hardcore" pornography that is objected to. That is, the court corrupts, it helps the censors corrupt. It ought to give light and provide leadership, and instead it stands in the way of progress. And worst of all, finally, by misunderstanding the nature of art and speech, the court emasculates them and prevents them from playing their indispensable social role. These are harsh words. Many of the readers of this magazine are going to be offended by this essay: they won't like my statement of the problem and they will think my remedies are worse than the disease. Nevertheless let us reason about it..

We are faced with the dilemmas of a society in transition. In discussing censorship, it is impossible to make good sense and good law without sociological and psychological analysis; rehashing the statutes

PAUL GOODMAN is currently making a study of the nature of language and communication; both this essay and "The Human Uses of Science" (December 1960) are parts of that study. Mr. Goodman's most recent books are Growing Up Absurd and Our Visit to Niagara.

will not do. But it is no secret that in this field earnest authorities angrily clash on the most material issues (this is a sign of transition). Take the most undoubted sadistic pornography, socially worthless and sold at a criminal profit: one psychologist will say that its effects are disastrous, it causes "sex crimes" and juvenile delinquency; yet another psychologist will flatly assert that no such connection has ever been proved, there is no clear and present danger to warrant legal action. Now in this particular difficulty, the courts seem to have a convenient out: since admittedly the dubious object has no social merit, since its associations are unsavory and the purveyor is a racketeer, why shouldn't the court go along with the censorship? No real freedom is impugned, But here is a dilemma: what if the censorship itself, part of a general repressive anti-sexuality, causes the evil, creates the need for sadistic pornography sold at a criminal profit?. The tone of the censorship-and of the usual court decisions-is vindictive and anxious; it is not the tone of a simple prudential choice in terms of broad social policy. The censoring is a dynamic and emotional act, with novel and perhaps unthought-of effects. The social question is not the freedom of a venal purveyor, though the case is always argued in his terms since he is the one brought to court; the question is whether the sexual climate of the community is being perverted by the censorship.

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The censorship justifies itself as protec-

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