Bantam Books, Inc., v. Sullivan

372 U.S. 58 (1963)

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Nature of the Case

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Facts

The Rhode Island Legislature created D whose duty was to educate the public concerning any book, picture, pamphlet, ballad, printed paper, or other thing containing obscene, indecent, or impure language, or manifestly tending to the corruption of the youth as defined in sections 13, 47, 48 and 49 of chapter 610 of the general laws, as amended, and to investigate and recommend the prosecution of all violations of said sections . . . .' Ps are four New York publishers of paperback books. D's practice was to notify a distributor on official D stationery that certain designated books or magazines had been declared by a majority of its members to be objectionable for sale, distribution, or display to youths under 18 years of age. P got at least 35 notices from D. Silverstein, a distributor, took steps to stop the further circulation of copies of the listed publications. He would not fill pending orders for such publications and would refuse new orders. He instructed his field men to visit his retailers and to pick up all unsold copies, and would then promptly return them to the publishers. Police visited Silverstein shortly after he got a D notice to learn what action he had taken. Silverstein was usually able to inform the officer that a specified number of the total copies received from a publisher had been returned. P filed suit for declaratory relief claiming the law was in violation of the First and Fourteenth Amendments, and to declare unconstitutional and enjoin the acts and practices of D. The court granted an injunction against the acts and practices of D in performance of their duties. The Supreme Court of Rhode Island reversed the grant of injunctive relief. The Supreme Court granted certiorari.