HOME > First Amendment Library > Case   Smith v. California (docket #: 9) (1959)  [Findlaw] Argument Date 10/20/1959 Decided 12/14/1959 Supreme Court Vote 5-4-0 Note The case was decided on due process grounds Supreme Court Ruling First Amendment claim upheld   Issue Whether a Los Angeles city ordinance punishing the sales of books later determined to be obscene even if the bookseller did not know the contents of the book violated due process and free speech guarantees. Majority Opinion Brennan, J. Concurring Opinion Black, J., Frankfurter, J., Douglas, J., & Harlan, J. (concurring in part and dissenting in part) Lower Court Cal. App. Dep't Super. Ct. Lower Court Ruling First Amendment claim denied Lawyers For Petitioner Stanley Fleishman and Sam Rosenwein For Respondent Roger Arnebergh Briefs For Amicus A. L. Wirin and Fred Okrand for the American Civil Liberties Union (for petitioner) Ruling - Lower Court 161 Cal. App. 2d Supp. 860, 327 P.2d 636 News "Supreme Court Actions," The New York Times, Dec. 15, 1959, p. 23 Other Lockhart, William B., "Escape from the Chill of Uncertainty: Explicit Sex and the First Amendment, 9 Ga. L. Rev 533, 563 (1975)  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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