# United States v. Samuel Roth

> Court of Appeals for the Second Circuit · January 14, 1957 · 237 F.2d 796

URL: https://www.frixlaw.com/law-library/cases/9445356

## Case

- **Full name:** UNITED STATES of America, Appellee, v. Samuel ROTH, Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** January 14, 1957
- **Citations:** 237 F.2d 796
- **Precedential status:** Published
- **Opinion:** Concurrence by Waterman
- **Judges:** Clark, Frank, Waterman
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9445356

## How later opinions describe it (automated extraction)

- describing “dogma of ‘Victorian morality’ ” that demanded “ ‘decency’ in published words”

## Opinion text

WATERMAN, Circuit Judge
(concurring) .
I concur with my colleagues in affirming the judgment below. I would dispose in one sentence of the claim advanced that the applicable statute, 18 U.S.C.A. § 1461 , is unconstitutional, for I believe the constitutionality of such legislation is so well settled that: “If the question is to be reopened the Supreme Court must open it. Tyomies Publishing Company v. United States, 6 Cir., 211 F. 385” — quoting Learned .Hand, C. J., in United States v. Rebhuhn, 2 Cir., 1940, 109 F.2d 512 , at page 514, certiorari denied 310 U.S. 629 , 60 S.Ct. 976 , 84 L.Ed. 1399 . I concur with Chief Judge Clark in his disposition of the remaining issues.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9445356. Public record. Not legal advice.