In the late 1950s, the Rhode Island legislature created a commission “to encourage morality in youth.” One of its practices was to send notices to out-of-state distributors and retailers of publications it deemed obscene, asking for “cooperation” in suppressing them.
The notices warned that the commission had circulated lists of objectionable materials to local police departments, and that it would recommend prosecution against those found to be purveying obscenity.
The case went to the Supreme Court.
With one dissent, the justices in Bantam Books Inc. v. Sullivan (1963) held that the “informal censorship” violated the 14th Amendment.
They also noted that it didn’t matter that the Rhode Island commission had no real power beyond “informal sanctions.”“People do not lightly disregard public officers’ thinly veiled threats to institute criminal proceedings against them if they do not come around,” noted Justice William Brennan, a fierce liberal, in his opinion.
Persons:
Sullivan, ’, ”, William Brennan, Biden, Terry Doughty
Organizations:
”, Supreme, Bantam Books Inc
Locations:
Rhode, Missouri, Louisiana