In the Matter of D

12 Cited authorities

Rosen v. United States
161 U.S. 29 (1896) Cited 299 times
Holding that the forerunner to 18 U.S.C. § 1461 did not require the defendant to know that the material could be classified as obscene, rather only knowledge of the character and content was required
Ex Parte Jackson
96 U.S. 727 (1877) Cited 406 times 2 Legal Analyses
Holding that the contents of postal letters are entitled to Fourth Amendment protection, despite the fact that letters are entrusted to intermediaries
United States v. Limehouse
285 U.S. 424 (1932) Cited 31 times
In United States v. Limehouse, 285 U.S. 424, 52 S.Ct. 412, 76 L.Ed. 843 (1932), the defendant had sent out thirty letters containing "foul language", charging the addressees with "sexual immorality" and in some cases with "miscegenation and similar practices" (p. 425, 52 S.Ct. p. 412).
Swearingen v. United States
161 U.S. 446 (1896) Cited 70 times
Construing " ‘obscene, lewd or lascivious’ " to have a unified meaning
Dysart v. United States
272 U.S. 655 (1926) Cited 15 times
Holding non-obscene a post card advertising a retreat for unmarried pregnant women which was mailed to women of refinement
United States ex Rel. Robinson v. Day
51 F.2d 1022 (2d Cir. 1931) Cited 39 times
In U.S. ex rel. Robinson v. Day, supra, 51 F.2d 1022 we held that an alien was not deportable under § 155 of Title 8 U.S.C.A., even though the judge sentenced him to prison, if he suspended execution.
United States v. Dennett
39 F.2d 564 (2d Cir. 1930) Cited 40 times
No. 238. March 3, 1930. Appeal from the District Court of the United States for the Eastern District of New York. Mary W. Dennett was convicted of mailing obscene matter in contravention of section 211 of the United States Criminal Code (18 USCA § 334), and she appeals. Reversed. The statute under which the defendant was convicted reads as follows: "Every obscene, lewd, or lascivious, and every filthy book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character
United States v. Day
54 F.2d 336 (2d Cir. 1931) Cited 23 times
Stating that "it is in the intent that moral turpitude inheres"
United States v. Karnuth
30 F.2d 825 (W.D.N.Y. 1929) Cited 14 times
In United States ex rel. Mongiovi v. Karnuth, D.C., 30 F.2d 825, the alien pleaded guilty to an indictment for manslaughter, second degree.
U.S. v. Warden of Eastern St. Penitentiary
45 F.2d 204 (E.D. Pa. 1930) Cited 4 times
No. M-268. November 20, 1930. Samuel W. Salus, of Philadelphia, Pa., for relator. Charles M. Bolich, Asst. U.S. Atty., of Allentown, Pa., for respondents. Habeas corpus by the United States, on the relation of Joseph Shladzien, against the Warden of the Eastern State Penitentiary and another. Decree remanding relator to custody of Commissioner of Immigration for execution of deportation order. DICKINSON, District Judge. A ruling in this case has awaited the filing of briefs. This cause presents features
Section 334 - Issuance of Federal Reserve or national bank notes
18 U.S.C. § 334 Cited 44 times
Mailing obscene matter

In the Matter of D

12 Cited authorities

Holding that the forerunner to 18 U.S.C. § 1461 did not require the defendant to know that the material could be classified as obscene, rather only knowledge of the character and content was required

Holding that the contents of postal letters are entitled to Fourth Amendment protection, despite the fact that letters are entrusted to intermediaries

In United States v. Limehouse, 285 U.S. 424, 52 S.Ct. 412, 76 L.Ed. 843 (1932), the defendant had sent out thirty letters containing "foul language", charging the addressees with "sexual immorality" and in some cases with "miscegenation and similar practices" (p. 425, 52 S.Ct. p. 412).

Construing " ‘obscene, lewd or lascivious’ " to have a unified meaning

Holding non-obscene a post card advertising a retreat for unmarried pregnant women which was mailed to women of refinement

In U.S. ex rel. Robinson v. Day, supra, 51 F.2d 1022 we held that an alien was not deportable under § 155 of Title 8 U.S.C.A., even though the judge sentenced him to prison, if he suspended execution.

Stating that "it is in the intent that moral turpitude inheres"

In United States ex rel. Mongiovi v. Karnuth, D.C., 30 F.2d 825, the alien pleaded guilty to an indictment for manslaughter, second degree.

Mailing obscene matter