◆ SpookStack

tee vim ““tr-e-third case, the Court, with JusticeMrmmxt furter writing the opinion, upheld the New York use of aa injunction to obstruct the distribution of books, A dissenting opinion, in which Justice Douglas was joined by JuStice Black, found the: New York process “goes far toward making the ; censor supreme” and “substitutes punishment by contempt for punishment by jury trial.” Justice Brennan, also. dissenting, concluded: that “the ‘ab- sence in this New. York obscenity statute ot a jury. trial is a fatal defect.” - -:-:---+ When a majority ‘of the Court, in dealing with ; estes that concern the First . Amendment, Pro t ceeds on a course that, arouses such. serious mig. ; Bivings In the dissenting - “minority,” the: anxieties: ‘ of citizens generally. are “Justified and: “inetitable, i The Roth case seems to us especially serious, |: for in the language of Justice Holaies ii 1921: . ‘The United States may givé up the Post Office , when it sees fit; but while it carries {t on, the ‘ Jaw of the mails is almost as much a part of free , speech ag the right! to use our tongues.” - The great flood of dubious printed material ’ that_has emerged on the stands‘and flowed through ; . the mails in ‘recent years is responsible for some ? sincere apprehension. In some instances this.. i apprehension has . led to volunteer, extra-legal, L punitive boycotts to impose. on the whole com- munity the literary standards of a few persons. Such ventures are always dangerous. But there is also danger when legislators and judges con- clude that the normal citizen has need of govern. , mental intervention “to save himself from his own impulses and protect himself from his own ideas.” , It is to be hoped that; in subsequent. opiniona, | the Supreme Court will define more clearly the: point beyond ‘wifick the: wish’ fo" protect the weak | fr-m bad literature may not trespass upon the. normal citizen’s right to read whit he pleases, (ey e —e . ad : roe ee. i i bee er re ne 3 Se eh en ee, nar