Rosen v. United States
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''Rosen v. United States'', 161 U.S. 29 (1896), was a case decided by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
dealing with the concept of
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
. In a decision written by Justice Harlan, the Court upheld the conviction of the defendant to 13 months hard labor and a fine of $1 for allegedly using the
United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the U ...
to send material that was deemed "
obscene An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
,
lewd Lascivious behavior is sexual behavior or conduct that is considered crude and offensive, or contrary to local moral or other standards of appropriate behavior. In this sense "lascivious" is similar in meaning to "lewd", "indecent", "lecherous", ...
and
lascivious Lascivious behavior is sexual behavior or conduct that is considered crude and offensive, or contrary to local moral or other standards of appropriate behavior. In this sense "lascivious" is similar in meaning to "lewd", "indecent", "lecherous", ...
".


Background

It had been alleged that the defendant had, on April 24, 1893, within the
Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New Y ...
:
unlawfully,
willfully In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is def ...
, and
knowingly In law, knowledge is one of the degrees of ''mens rea'' that constitute part of a crime. For example, in English law, the offense of knowingly being a passenger in a vehicle taken without consent (TWOC) requires that the prosecution prove not only ...
deposit and cause to be deposited in the post office of the
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, for mailing and delivery by the post office establishment of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, a certain obscene, lewd, and lascivious paper, which said paper then and there, on the first page thereof, was entitled 'Tenderloin Number, Broadway,' and on the same page were printed the words and figures following, that is to say: 'Volume II, number 27; trademark, 1892; by Lew Rosen;
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, Saturday, April 15, 1893; ten cents a copy, $4.00 a year in advance,' and thereupon, on the same page, is the picture of a cab, horse, driver, and the figure of a female, together (underneath the said picture) with the word 'Tenderloineuse,' and the said paper consists of twelve pages, minute description of which, with the pictures therein and thereon would be offensive to the court and improper to spread upon the records of the court because of their obscene, lewd, and
indecent Inappropriateness refers to standards or ethics that are typically viewed as being negative in a society. It differs from things that are illicit in that inappropriate behavior does not necessarily have any accompanying legal ramifications. Co ...
matters, and the said paper, on the said twenty-fourth day of April, in the year one thousand eight hundred and ninety-three, was enclosed in a wrapper, and addressed as follows, that is to say: 'Mr. Geo. Edwards, P.O. Box 510, Summit, N.J.' -- against the peace of the United States and their
dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...
, and contrary to the statute of the United States in such case made and provided.
The defendant, Lew Rosen, had been found guilty and appealed his conviction, arguing that the material the
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
had found to be obscene had not been specifically identified on the record.


Opinion of the Court

The Supreme Court upheld the conviction. Writing for the Court, Justice Harlan found that because the paper in question had been admitted into evidence and the defendant had not objected, and because he could have requested a
bill of particulars In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. A bill of parti ...
that described the paper but chose not to, the indictment sufficiently informed the accused of the nature and cause of the accusation against him.161 U. S. 34-41 Justices White and
Shiras Shiras may refer to: *George Shiras Jr. (1832–1924), Associate Justice of the Supreme Court of the United States *George Shiras III (1859–1942), U.S. Representative from the state of Pennsylvania *Leif Shiras (born 1959), American tennis player ...
dissented.


See also

*
List of United States Supreme Court cases, volume 161 This is a list of cases reported in volume 161 of ''United States Reports'', decided by the Supreme Court of the United States in 1896. Justices of the Supreme Court at the time of volume 161 U.S. The Supreme Court is established by ...
*
List of United States Supreme Court cases by the Fuller Court This is a partial chronological list of cases decided by the United States Supreme Court during the Fuller Court, the tenure of Chief Justice Melville Weston Fuller Melville Weston Fuller (February 11, 1833 – July 4, 1910) was a ...
*
List of United States Supreme Court cases involving the First Amendment This is a list of cases that appeared before the Supreme Court of the United States involving the First Amendment to the United States Constitution. The establishment of religion Blue laws * '' McGowan v. Maryland'' (1961) * ''Braunfeld v. B ...


References


External links

* {{US1stAmendment, speech, state=expanded United States Supreme Court cases United States obscenity case law 1896 in United States case law United States Supreme Court cases of the Fuller Court