Redrup v. State Of N. Y.

386 U.S. 767 (1967)

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Nature of the Case

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Facts

In No. 3, Redrup v. New York, the petitioner was a clerk at a New York City newsstand. A plainclothes patrolman approached the newsstand, saw two paperback books on a rack-Lust Pool, and Shame Agent-and asked for them by name. The petitioner handed him the books and collected the price of $1.65. As a result of this transaction, the petitioner was charged in the New York City Criminal Court with violating a state criminal law. He was convicted, and the conviction was affirmed on appeal. In No. 16, Austin v. Kentucky, the petitioner owned and operated a retail bookstore and newsstand in Paducah, Kentucky. A woman resident of Paducah purchased two magazines from a sales-girl in the petitioner's store, after asking for them by name-High Heels, and Spree. As a result of this transaction, the petitioner stands convicted in the Kentucky courts for violating a criminal law of that State. In No. 50, Gent v. Arkansas, the prosecuting attorney of the Eleventh Judicial District of Arkansas brought a civil proceeding under a state statute to have certain issues of various magazines declared obscene, to enjoin their distribution and to obtain a judgment ordering their surrender and destruction. The magazines proceeded against were: Gent, Swank, Bachelor, Modern Man, Cavalcade, Gentleman, Ace, and Sir. The County Chancery Court entered the requested judgment after a trial with an advisory jury, and the Supreme Court of Arkansas affirmed, with minor modifications.