Evening star., 1959-12-15
Obscenity Voided ,
Court Is Split 5 Ways
BY ROBERT E. CLARK
Star stan Writer

BY ROBERT E. CLARK
Star stan Writer
The Supreme Court agrees
that book sellers can't be prose-
cuted simply because obscene
books are found on their shelves.
But the nine justices are split
five different ways on the
Subtler issues involved in the
courts latest ruling on OBJ
scenity.
A decision yesterday over
throwing a Los Angeles OBJ
Scenity law as unconstitutional
produced the widest range of
opinions of the courts current
session. The divergence Of
views pointed up the con-
tinuing controversy in an area
that has long inspired spirited
legal debate.
With Justice Brennan as
their spokesman, five members
Of the court agreed that the
Los Angeles ordinance was un-
constitutional because it pun
ished book dealers for possess
ing obscene books, even though
they were unaware of the OBJ
scenity.
Frankfurter Differs
Faced by such a threat of
prosecution, the court majority
held. dealers would be inclined
against stocking books that
might or might not be obscene.
This IN turn would limit the
constitutional guarantees of
freedom of expression.
Justice f-ankfurter thought
The Gu, :hould make it clear
Ilat it can't intend to nullify
ine row22 Of local and State
Ioyer1n~rtS to prohibit the
salc Of obscene literature. He
Celiv--,4 che OF four separate
opinion King some issue
NTH the majority view.
Justice -.aylan, who thought
IL Ca70 should BE- sent back
. Il tug-.cS tor d new trial.
Va So '.ticSl OF the gen.
- the majority opin-
ion.
4.e ag.c.d with Justice
IN -l.C,r that the lower
courts should take "contem-
l.or2GY c0I.lunlty standards"
into C"'- d':ation in ruling on
oE-Ccn ny.
-2-r Left Open
"USv.ce Black said the court
was leaving the door open to
ilture censorship by drawing
a distinction between books
old with or without the deal
er'S knowledge that they might
- obscene. N either case, he
laid, prosecution would be un-
constitutional without a court
finding CT obscenity.
Justice Douglas said he found
the book in question very re-
pulsive" but believed its distri-
button could be punished only
on greater evidence than had
been produced in the California
CouTtc.
The book concerned was
"5Weeter Than Life" By Mark
Tryon. 1t deals with the expe-
riences of Lesbian who devoteS
her life to seeking revenge
against men.
Los Angeles Book Dealer
Elzeazar Smith was sentenced
to Jail term after his convic-
ton under the obscenity law for
having the book in his store. He
said he had never read it and
did not know it was obscene.
The Supreme Court did not rule
on whether the book was OBJ
scene.
Conviction Difficult
In Los Angeles City Attor-
ney Roger Arnebergh said he
had not read the opinion, the
Associated Press reported.
But if it does in fact in
validate our ordinance" he
said. then hundreds of cities
with similar laws will find
it much more difficult to OBJ
tain convictions against sellers
of obscene books.
1--WE in California will have
to rely on Section 311 of the
State Penal Code, which re-
quires that law officers prove
the seller knew the books were
ODSC6Ile.
Our ordinance, like those
governing sellers of drugs,
made the seller responsible for
knowing whether the book in
question contained obscenity. ."
In a busy day before it's an
nual Christmas recess. the Su-
preme Court also disposed of
two important school segrega-
ton cases.
1t gave tacit approval of
Nashville's grade grade pro-
gram for desegregating its
schools by declining review of
lower court rulings approving
the plan.
An appeal by Gov. Orval Fau-