OCR Text |
Show T Serials Order Department University of Utah SALT LAKE CITY, UTAH VOLUME 17, NUMBER 173 3UPBEME COUBT OF THE UNITED STATES Rockefeller Views Americas New Century By Kenyon Roberts LOS ANGELES (ACCN) Syllabus CERTIORARI TO THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT FOR THE COUNTY OF LOS ANGELES 71-14- 22. Decided .lime 21. 1973 Argued October 19, 1972 Petitioner, a proprietor of an adult bookstore, was convicted of violating a California obscenity statute by wiling a unillustrated book containing relatively descriptive material of an explicitly sexual nature. Both sides offend testimony as to the nature and content of the book, but there was no expert testimony that the book was utterly without redeeming social importance." The trial court used a state community standard in applying and construing the statute. The appellate court, affirming, held that the book was not protected by the Fir-- t Amendment. Held: 1. Obscene material in lxxk form is not entitled to First Amendment protection merely because it has no pictorial content. A State may control commerce in such a book, even distribution to consenting adults, to avoid the deleterious consequences it can reasonably conclude (conclusive proof is not required) result from the continuing circulation of obscene literature. See Puri Adult Theatre 1 v. Slaton, ante, p. . Pp. 5. 2. Appraisal of the nature of the book by the contemijorary community standards of the State of California was an adequate basis for establishing whether the book here involved was obscene. See Miller v. California, ante, p. . Pp. 7. 3. When, as in this case, material is itself placed in evidence, expert state testimony as to its allegedly obscene nature, or other ancillary evidence of obscenity, is not constitutionally minimi. Paris Adult Theatre I v. Slaton, supra. Pp. 7. 4. The case is vacated and remanded so that the state appellate court can determine whether the state obscenity statute satisfies the constitutional standards newly enunciated in Miller , supra. Pp. 8. 23 Cal. App. 3d Supp. 9, 100 Cal. Rptr. 372, vacated and remanded. plain-cover- - For the past 200 years, the aim of our government has been to achieve national unity within federal and ethnic diversity, but the rising expects tims of the American people in the past decades have introduced a new element, a new pressure into the picture and given the American dream a new direction as it moves into its third century, New Yorks Gov. Nelson Rockefeller told a businessmen's Town Hall luncheon here. KAPLAN v. CALIFORNIA No. ed 'Supreme Court Decisions Burger, C. J., delivered the opinion of the Court, in which White, Blackmun, Powell, and Rehnquist, JJ., joined. Douglas, J., would vacate and remand for dismissal of the criminal complaint. Brennan, J., filed a dissenting opinion, in which Stewart and . Marshall, JJ., joined. WASHINGTON (See details page 2) Bank Robber -- Nabbed When He Went Back - An admit tec kink rnltoer. "peeved" at being NEW YORK i UP I short by $8,000 in a holdup last month, returned to the scene ot his alleged crime, September 6. to stiaighten accounts. But when John Cury Hyman entered a midtown bank this time, the teller who "gypped" him was being question'd by an FBI agent about the earlier robbery and was in- specting mugshols of possible suspects. The teller, who was not identified, noticed Hyman in line and said the suspect looked a lot like the man "standing on that line over there. You know, I believe it is the same man." Sure enough, when Hyman reached the teller's cage, he Loti Jdineiec wmmmmmmmmmmmmmmmmm NIXON REJECTING MILLS TAX CUTS In fear of an upcoming sustained recession and NEW YORK in sharp rise unemployment. House Ways and Means Committee is pushing for additional Chairman Wilbur Mills, business tax benefits. Die win'd in corporate executive private offices is that Mills, in a recent dosed session with President Nixon, suggested legislation of enlarged tax incentives for expansion in a list of some 20 industries in which production is in short supply. Examples: Steel, textile, paper and gasoline industries. President Nixon politdy listened to Mills. Even had his chief economic adviser, Treasury Secretary George Shultz, at the meeting. But informed sources on tax matters are saying Nixon will reject the Mills tax-cproposition. D.-Ar- k., ut g officials are as frightened of the Federal tax Chairman Mills. upcoming business slowdown as is But they say his (dan to encourage spending for producing plants would pile on new inflationary demands. Hints from Treasury people suggest Mills would do lots better if he had asked Nixon to approve tax increases to reduce the flow of inflationary spending. In that Mills would get the support of Federal Reserve Board Chairman Arthur Burns. policy-makin- tax-writi- ng Janitor Closet In State Dept. (UPI)-T- he Future of America in Its Third Century." Hie "supreme challenge" in any comprehensive attempt to face what is ahead for the country, Rockefeller said, is "will we shape the course of change or will we be submerged by it?" A whole complex of problems to our age presses on us and peculiar our governments, federal, state and local, the New York governor pointed out. Among them he enumerated new alignments of the world power blocs, the rise of new powers such as postwar Japan, the decline of the U.S. from strategic superiority to parity with the USSR (which makes obsolete" much past thinking on this matter, dating from the Cold War ) , the energy crisis, and the environmental pollution tangle. Pointing with pride to his nearly 15 as General Services Administration years jV-- 7-- Sounding at times like a Presidential hopeful for 1976, the governor' touched on most of the problems besetting contemporary urbanized America, sketching them in for the most part with a Republican liberal brush. He pegged his views on the aims of what he orginally initiated as the New York State Study on the Role of the Modem Slate in a Changing World, and which President Nixon subsequently asked him to expand into a National Commission on the May Host Lovers 3-- 6-- TUESDAY, SEPTEMBER 18. 1973 allegedly passed over a robbery note. The agent moved in, informed Hyman of his constitutional rights and made the arrest. "I was peeved," Hyman, 37, told newsmen after his arraignment in federal court. I was gypped." he said. "I wanted to say, Get it straight this time.' " Hyman allegedly entered the same hank last month with a note demanding $12,000 in cash. He did not carry a weapon. The teller stuffed $4,000 in a paper bag and handed it to Hyman. Outside, Hyman said, he got into a cab, his usual practice, and counted his loot. Realizing his take was well below his demand, he determined then, he said, to return. Hyman's note, September 6, again asked for $12,000 and warned, e me again." "Dont Unknown to the suspect, however, the FBI agent had moved in behind him. "I wanted to get caught," he told short-chang- reporters. "If 1 stayed on the street, I'd just mb more banks." York's New chief (GSA) said it is investigating hanky-pank- y executive, Rockefeller said his two at the State Department major aims during his tenure have on the closet a been to help local government meet specifically, janitor's third floor apparently used by local needs, and to try to anticipate employees as a lover's rendezvous. emerging problems that would The investigation was confirmed overwhelm local governments, if by press officer Paul Hare at the neglected, and deal with them news before they grew. regular Department's J He illustrated these themes with briefing, September 7: The reporter who asked about it said he had been an account of his administration's tipped by a White House, source. largely successful effort to develop The room is in the section oc- New York's state educational cupied by tlx Agency for In- system, including its regional ternational Development A1I). colleges, modeled after the Hie State Department posted California state university system, guards at all entrances to the and of what he conceded was his building in the early 10's. after largely unsuccessful effort to several women employees com- reorganize the state's railroad and plained of attacks by molesters in mass transit system. Among other the Department parking lot. hut any things, this latter was torpedoed by employee with a pass would have no the collapse into bankruptcy of the trouble getting past the guards and Penn-Centrafter the Rockefeller finding an empty room in the administration with high hopes backed the merger of the two forbuilding. The building is largely deserted on merly separate lines. There were also Saturdays. problems with the Most of the buildings offices Long Island Railroad, one of New usually are left unlocked, although York's major commuter lines. in classified documents are Die aim of both state and national file cabinets at the end of the work planning, Rockefeller concluded his day and marine guards make a formal remarks by emphasizing, security check of the entire building should be to insure the carrying over in the early evening. of America's basic ideals, battered by an era of change, into the next al well-know- n lix-ke- N.Y. Court O.K.s Naming 4 Women century. In a question-and-answ- er ex- change with the audience, Rockefeller said he "couldn't see how anyone could run for President in 1976 without supporting govern- State Troopers N.Y. (UPI)- -A judge has ruled that the appointment of four of New York State's first female state troopers over a male applicant ALBANY, ment subsidies for mass transit" and defended the Nixon administration's impoundment of Congressionally-appropriate- funds d "because governments are running out of money, and you can't spend who placed higher on the what you don't have." On the death penalty, the governor sexual was examination there was no conclusive proof it said it discrimination, but was justified is a deterrent to crime, but me because women are needed for wonders if we shouldnt nonetheless certain duties. State Supreme Court Justice keep it in view.of the prevalance of Harold Hughes conceded that crime, and if a bill embodying it Thomas Button, a village came to his desk, "I would probably in Albion, N.Y., had a sign it" patrolman higher score than the four women. TOUR WOMEN. But the judge turned down Bu- tton's lawsuit asking the appointments be rescinded. He said female troopers are needed for some tasks, such as searching female prisoners and certain kinds of undercover work. He ruled September 10, that the appointments were reasonable, that sexual status is reasonably related to the job performance ability in the present case, and that the sexual discrimination is based upon a bona qualification." fide occupational A spokesman for the Fraternal Order of State Police, which is helping Button press his lawsuit, said the case would probably be appealed. |