master seeking a judgment in the United States Distriot Court declaring the magazine lawful and mailable. This court proceeding dragged along from October, 1954, to March, 1956, at which time, in spite of powerful and compelling arguments presented by ONE's lawyer, tho court upheld Postmaster Otto K. Oleson of Los Angeles.
ONE immediately filed an appeal against the court ruling with the Court of Appeals which met in Los Angeles November 2, 1956. Decision of this court was not reached until March 1, 1957, at which time the courts again decided against ONE.
For those who wish the complete story, including the full text of the Court of Appeals' decision, we suggest you read the March, 1957, issue of ONE Magazino.
ONE now plans to take its case to the United States Supreme Court a course which will cost a great deal of money but which is a vital necessity.
The First Amendment says: "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press
The arguments against ONE Magazine as set forth by the courts clearly make much of the subject matter. The fact that heterophile magazines every day print material similar to that which appeared in the banned issue of ONE seems to be an entirely different situation.
Neither THE LADDER nor the Daughters of Bilitis hold any brief for obscenity, sensationalism or just plain pornography. But we do hold a brief for the right to print stories, articles, poems and what-have-you which will be judged in the same light as those printed in magazines of more general circulation.
The homophile press in America (if ONE Magazine, the Mattachine Review and THE LADDER can constitute a "press") is attempting to bring to its readers, homo-
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