Word: brennan
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Stiff Rule. The big news was the new obscenity standard laid down in the Ginzburg decision-which was based not so much on the content of his publications as on the way he peddled them. Speaking for the court in all three cases, Justice William J. Brennan said that Ginzburg's "titillating" advertising was so permeated with "the leer of the sensualist" that he was guilty of "the sordid business of pandering." Brennan took dead aim at "those who would make a business of pandering to the widespread weakness for titillation by pornography." The result: a stiff new rule...
Conduct v. Thought. Having reached exactly that conclusion, Justice Brennan last week tried to push the Roth decision, which he also wrote, far closer to a manageable test of conduct rather than thought. At issue in the Ginzburg case were Eros, whose chef-d'oeuvre in the disputed edition was a color portfolio of a white woman and Negro man, both naked, in multiple embraces; Liaison, a sex-front "newsletter" that was a compendium of sex jokes; and The Housewife's Handbook on Selective Promiscuity, a Tucson woman's clinical account of her increased pleasure with unconventional...
Even in the Fanny Hill case, Associate Justice William J. Brennan said, "evidence that the book was commercially exploited for the sake of prurient appeal might justify the conclusion that the book was without redeeming social importance...
...JOHN M. BRENNAN...
...unanimous decision, the court prohibited the Government from compelling individual party members to register with the Government as stipulated by the Subversive Activities Control (McCarran) Act of 1950. "In an area permeated with criminal statutes," maintained Justice William J. Brennan Jr.'s opinion, by the 1950 law the party member would be forced to incriminate himself, in violation of his rights under the Fifth Amendment...