Appendix — Ginzburg v. United States

Supreme Court brief1966

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INDEX TO JOINT APPENDIX

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Defendants’ Motion to Dismiss Indictment ................

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Exhibits Annexed to Affidavit ..............ceeeeeee

Government’s Motion to Strike Affidavit and Exhibits ......

PE Vevne vn akecct essences thaneeesceetacesexeces

Order Striking Affidavits and Exhibits ...................

Order Denying Defendants’ Motion to Dismiss

Transcript of Trial:

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WITNESSES FOR DEFENDANTS

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Lillian Maxine Serett

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Peter G. Bennett

WITNESSES FOR GOVERNMENT IN REBUTTAL

Nicholas George Frignito

Ann Hankins Ford

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Defendants’ Motion for Arrest of Judgment or New Trial ..

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Opinion Denying Defendants’ Motion for Arrest of Judg-

rT eT TINT Le PET TL STP ETTe

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Judgment as to Ralph Ginzburg ................ceeceeees

Judgment as to Documentary Books, Inc. .............+00%

Judgment as to Eros Magazine, Inc. ..............eeee00-

Judgment as to Liaison News Letter, Inc. ................

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Proceedings in the United States Court of Appeals

I cere Sale ere yorreusichah tesorneseareos 385

Opinion, McLaughlin, J... | mae 385

a Nich berating csnonegns ciao 395

Order staying mandates... _.. = 399

Clerk’s certificate (omitted in printing) 400

Order extending the time in which to file petition

for writ of certiorari Diet SS ad a ete 401

Order allowing certiorari —.. 402

Original Print

385

394

395

398

399

400

Docket Entries

1963 Proceedings

1 Mar. 15 —True Bill.

2 Mar. 15 —Motion and Order for summons as to

Documentary Books, Inc., filed. Sum-

mons exit,

3 Mar. 13 —Motion and Order for summons as to

Eros Magazine, Inc., filed. Summons

exit.

4 Mar. 13 —Motion and Order for summons as to

Liaison News Letter, Inc., filed. Sum-

mons exit.

5-7 Mar. 28 —Summons returned ‘‘on 3-22-63 served

Documentary Books, Inc., Eros Maga-

zine, inc. and Liaison News Letter, Inc.”’

and filed.

8 Apr. 10 —Defendants’ motion for bill of par-

ticulars, filed.

9 Apr. 11 —Defendants’ motion to dismiss indict-

ment, filed.

10 May 7 —Motion to strike affidavit and exhibits

appended to defendants’ motion to dis-

miss indictment filed.

11 May 7 —Order of Court that motion to strike

defendants’ affidavit etc. shall be argued

at the same time as defendants’ motion

to dismiss cts. 1 through 8 ete. filed.

Noted 5/8/63.

— May 8 —PLEAS: NOT GUILTY as to all de-

fendants on all Counts. (Argument on

all motions fixed for 5/17/63 at 2 P. M.)

12 May 8 —Stipulation of counsel in lieu of defend-

ants’ motion for Bill of Particulars and

Order of Court approving same, filed.

Noted 5/9/63.

Date

1963

13 May 14

May 17

May 21

May 23

Jun.

oun.

Jun.

Docket Entries

Proceedings

—Petition for and Order permitting

American Civil Liberties Union to file

a brief as an amicus curiae, filed. 5-15-63

noted & notice mailed.

-—Order of Court that the affidavit and 69

exhibits annexed to defts. motion to dis-

miss are stricken from said motion, filed.

5-20-63 noted & notice mailed.

—Hearing sur defendants’ motion to dis-

miss, plaintiff’s motion to strike affi-

davits on defendants’ motion to dismiss

—denied: plaintiff’s motion to strike

GRANTED—defendants’ motion to dis-

miss—C, A. V.

—Transcript of hearing of 5-17-63, filed.

—Order of Court DENYING defendants’

motion to dismiss, filed. 5-24-63 noted &

copies mailed.

—Non-jury trial—witnesses sworn.

—Waiver of trial by jury, filed.

—Trial resumed.

—tTrial resumed.

—Trial resumed.

—VERDICT:

As to Ralph Ginzburg—GUILTY on

Cts. 1 to 28 Inel.

As to Documentary Books, Inc.—

GUILTY on Cts. 1, 2 & 3, 11 to 16

Incl.

Docket Entries

Date

1963 Proceedings

As to Eros Magazine, Inc.—GUILTY

on Cts. 7, 8, 9, 10, 17, 18, 19, 20, 21

& 22.

As to Liaison News Letter, Inc.—

GUILTY on Cts. 4, 5, 6, 23, 24, 25, 26,

27 & 28 (bail of R. Ginzburg to be

entered in $10,000).

— Jun. 14 —Bond of R. Ginzburg in $10,000 with

Public Service Mutual Ins. Co. as surety,

filed.

18 Jun. 19 —Stipulation that defendants shall have

25 days from 6-14-63 within which to file

motion for new trial, and Order approv-

ing same, filed. 6-20-63 noted.

19 Jun. 27 —Defendants’ motion in arrest of judg-

ment or for new trial, and Memorandum

in support thereof, filed.

20-24 Jun. 28 —Transcript of testimony of June 10 thru

14, 1963, filed.

25 Aug. 6 —Special Findings of Facts, Body, J., filed.

8-6-63 notice mailed.

26 Aug. 27 —Stipulation of counsel and Order of

Court directing that Defendants’ Mo-

tion in Arrest of Judgment, ete., shall be

considered on written briefs, ete., and

without oral argument, filed.

— Sept. 17 —Defendants’ motion in arrest of judg-

ment or for a new trial—submitted on

briefs. C. A.: V.

27 Sept. 23 —Transcript of pleas, filed.

Docket Entries

Date

1963 Proceedings

Nov. 21 —Opinion, Body, J. and Order DENYING

defendants’ motions in arrest of judg-

ment, and in the alternative, for a new

trial, and that defendants are called for

sentence on Nov. 27, 1963 at 10 a. m.,

filed. 11-22-63 entered & notice mailed.

Dec. 19 —SENTENCE as to Ralph Ginzburg:

On each of Counts 1 to 10 inclusive—

Fine $1,000.00.

On each of Counts 11 to 16 inclusive—

Fine $1,000.00, imprisonment for 3

years, to run concurrently.

On each of Counts 17 to 22 inclusive—

Fine $1,000.00, imprisonment for 2

years, to run concurrently with each

other and consecutively with sen-

tence imposed on Counts 11 to 16.

On each of Counts 23 to 28 inclusive—

Fine $1,000.00 (Total Fines $28,-

000.00 and Total Imprisonment—5

years).

Dec. 19 —SENTENCE as to Documentary Books,

Ine.:

On each of Counts 1 to 3 and 11 to 16

inclusive: Fine $500.00 (Total Fine

$4,500.00).

Dec. 19 —SENTENCE as to Eros Magazine, Ine. :

On each of Counts 7 to 10 and 17 to

22 inclusive: Fine $500.00 (Total

Fine $5,000.00).

Docket Entries

Date

1963 Proceedings

— Dec. 19 —SENTENCE as to Liaison News Letter,

Ine. :

On each of Counts 4 to 6 and 23 to 28

inclusive: Fine $500.00 (Total Fine

$4,500.00).

Ko Die: Execution of sentences stayed

pending appeal. Bail fixe’ at $10,-

000.00.

29 Dec. 19 —Notice of appeal by defendants, filed.

Copy to U. S. Atty. and U. S. Court of

Appeals on 12-20-63.

30 Dec. 19 —Copy of Clerk’s statement of docket

entries to U. S. Court of Appeals, filed.

— Dec. 19 —Bail bond on appeal of Ralph Ginzburg

in $10,000 with Resolute Insurance Co.

as surety, filed.

31 Jan. 6 —Transcript of sentence filed.

32 Jan. 8 —Memorandum Re: Impoundment of Ex-

hibits, filed.

— Jan. 10 —Record transmitted to United States

Court of Appeals.

33 Jan. 10 —Judgment and Commitment, as to Ralph

Ginzburg, filed.

34 Jan. 10 —Judgment and Commitment as to Docu-

mentary Books, Inc., filed.

35 Jan. 10 —Judgment and Commitment as to Eros

Magazine, Inc., filed.

36 Jan. 10 —Judgment and Commitment as to Liaison

News Letter, Inc., filed.

Indictment

Count I

Tue Granp Jury CHARGES:

On or about November 15, 1962, Ralph Ginzburg and

Documentary Books, Inc., the defendants herein, and each

of them, at Philadelphia, Pa., in the Eastern District of

Pennsylvania, and within the jurisdiction of this Court,

did knowingly use the mails for the mailing, carriage in the

mails, and delivery of certain non-mailable matter, and

did knowingly cause to be delivered by mail according to

the direction thereon to Dona Tobin, 500 E. Willow Grove

Ave., Phila., Pa., certain non-mailable matter, to wit: a

written and printed card, letter, circular, advertisement,

and notice giving information, directly and indirectly,

where, and how, and from whom, and by what means a

certain obscene, lewd, lascivious, indecent, filthy and vile

book and writing entitled, ‘‘The Housewife’s Handbook on

Selective Promiscuity,’’ by Rey Anthony, may be obtained,

and which said book and writing is too obscene, lewd,

lascivious, indecent, filthy and vile to be set forth in its

entirety upon the records of this Honorable Court, but

profert whereof is here made.

In violation of Title 18, United States Code, § 1461.

Count II

[Count II is identical to Count I except that the date of

mailing is November 17, 1962 and the addressee is Wilbur

J. D. Ingham, 1010 Winchester Street, Philadelphia 11,

Pennsylvania. |

Count III

[Count III is identical to Count I except that the date

of mailing is December 12, 1962, the place of use of mails

is Havertown, and the addresee is Russell N. Leidy, 209

James Drive, Wynne Glade, Havertown, Pennsylvania. ]

Indictment

Count IV

THe Granp Jury Furtuer CHARGEs:

On or about November 27, 1963, Ralph Ginzburg and

Liaison News Letter, Inc., the defendants herein, and each

of them, at New Hope, Penna., in the Eastern District of

Pennsylvania, and within the jurisdiction of this Court,

did knowingly use the mails for the mailing, carriage in

the mails, and delivery of certain non-mailable matter, and

did knowingly cause to be delivered by mail according to

the directicn thereon to Lisette R. Peters, 111 Chapel

Road, New Hope, Pennsylvania certain non-mailable mat-

ter, to wit: a written and printed card, letter, circular, ad-

vertisement, and notice giving information, directly and

indirectly, where, and how, and from whom, and by what

means a certain obscene, lewd, lascivious, indecedent, filthy

and vile pamphlet and writing entitled, ‘‘Liaison’’ may

be obtained, and which said pamphlet and writing is too

obscene, lewd, lascivious, indecent, filthy and vile to be set

forth in its entirety upon the records of this Honorable

Court, but profert whereof is here made.

In violation of Title 18, United States Code, § 1461.

Count V

[Count V is identical to Count IV except that the place

of use of mails is Havertown and the addressee is Miss

Mamie Foery, 6 East Mercer Avenue, Havertown, Penn-

sylvania. |

Count VI

[Count VI is identical to Count IV except that the place

of use of mails is Paoli and the addressee is Eleanor Cal-

lahan, 9 South Valley Road, Paoli, Pennsylvania. ]

Indictment

Count VII

Tue Granp Jury FurTHER CHARGES:

On or about November 17, 1962, Ralph Ginzburg and

Eros Magazine, Inc., the defendants herein, and each of

them, at Philadelphia, in the Eastern District of Penn-

sylvania, and within the jurisdiction of this Court, did

knowingly use the mails for the mailing, carriage in the

mails, and delivery of certain non-mailable matter, and

did knowingly cause to be delivered by mail according to

the direction thereon to Rev. John E. Greening, Burhoime

Baptist Church, 905 Cottman Avenue, Philadelphia 11,

Pa. certain non-mailable matter, to wit: a written and

printed card, letter, circular, advertisement, and notice

giving information, directly and indirectly, where and

how, and from whom, and by what means a certain obscene,

lewd, lascivious, indecent, filthy and vile book and writing

entitled, ‘‘Eros’’ may be obtained, and which said book

and writing is too obscene, lewd, lascivious, indecent, filthy

and vile to be set forth in its entirety upon the records of

this Honorable Court, but profert whereof is here made.

In violation of Title 18, United States Code, § 1461.

Count VIII

[Count VIII is identical to Count VII except that the

date of mailing is December 18, 1962, the place of use of

mails is Rosemont, and the addressee is Mother Mary

Martha, Rosemount College, Rosemont, Pennsylvania. ]

Count IX

[Count IX is identical to Count VII except that the date

of mailing is March 24, 1962, the place of use of mails is

Chester, and the addressee is Tom Kaufman, 118 West-

minster Street, Chester, Pa.]

Indictment

Count X

[Count X is identical to Count VII except that the date

of mailing is December 11, 1962, the place of use of mails

is Elkins Park, and the addressee 1s Ogaontz Jr. Hi. Sch.,

Highschool Rd. & Montgomery Ave., Elkins Park, Pa.]

Count XI

THE Granp Jury FurtHer (HARGEs:

On or about Dec. 12, 1962, Ralph Ginzburg and Docu-

mentary Books, Inc., the defendants herein, and each of

them, at Philadelphia, in the Eastern District of Pennsyl-

vania, and within the jurisdiction of this Court, did know-

ingly use the mails for the mailing, carriage in the mails,

and delivery of certain non-mailable matter, and did know-

ingly cause to be delivered by mail, according to the direc-

tion thereon to Mr. H. J. Zimmermann, 219 Rosemary Lane,

Phila. 19, Pa. certain non-mailable matter, to wit; an ob-

scene, lewd, lascivious, indecent, filthy and vile book and

writing, entitled : ‘‘The Housewife’s Handbook on Selective

Promiscuity’’, by Rey Anthony, and which said book and

writing is too obscene, lewd, lascivious, indecent, filthy and

vile to be set forth in its entirety upon the records of this

Honorable Court, but profert whereof is here made.

In violation of Title 18, United States Code, § 1461.

Count XII

[Count XII is identical to Count XI except that the

addressee is Harold Willier, 59 W. Wyneva St., Phila. 44,

Pa.]

Count XIII

[Count XIII is identical to Count XI except that the

addressee is P. C. Pfaff, 1002 Piermont St., Phila. 16, Pa.]

10a

Indictment

Count XIV

[Count XIV is identical to Count XI except that the

addressee is Francis H. Weinraub, 6312 Trotter St., Phila.

“21, Pa.]

Count XV

[Count XV is identical to Count XI except that the

addressee is Mervin L. Dissinger, Box 6, Johnson Hall,

Temple University, Phila. 22, Pa.]

Count XVI

[Count XVI is‘identical to Count XI except that the

addressee is H. Hoffmann, 1122 Spruce St., Phila. 7, Pa.]

Count XVII

Tue Granp Jury FurTHER CHARGES:

On or about March 14, 1963, Ralph Ginzburg and Eros

Magazine, Inc., the defendants herein, and each of them,

at Gladwyne, Pa., in the Eastern District of Pennsylvania,

and within the jurisdiction of this Court, did knowingly

use the maiic for the mailing, carriage in the mails, and

uelivery of ceriain non-mailable matter, and did knowingly

cause to be delivered by mail, according te the direction

thereon to Mrs. J. A. Carlson, 1618 Sweetbriar Rd., Glad-

wyne, Pa., certain non-mailable matter, to wit: an obscene,

lewd, lascivious, inJecent, filthy and vile book and writing,

entitled: ‘‘Eros’’, designated Winter 1962, Vol. I, No. 4,

and which said book and writing is too obscene, lewd,

lascivious, indecer't. filthy and vile to be set forth in its

entirety upon the recoids of this Honorable Court, but

profert whereof is here made.

In violation of Title 18, nited States Code, § 1461.

—

lla

Indictment

Count XVIII

[Count XVIII is identical to Count XVII except that

the place of use of mails is Philadelphia and the addressee

is William Selmi, Jr., 113 S. Beechwood St., Phila. 3, Pa.]

Count XIX

[Count XIX is identical to Count XVII except that the

place of use of mails is Philadelphia and the addressee

is Dr. Ann H. Ford, 1935 Panama St., Phila. 3, Pa.]

Count XX

[Count XX is identical to Count XVII except that the

place of use of mails is Philadelphia and the addressee

is William KE. Grancell, 1810 Rittenhouse St., Phila. 3, Pa.]

Count XXI

[Count XXI is identical to Count XVII except that the

place of use of mails is Philadelphia and the addressee

is Mrs. P. Wilson Daily, 324 Spruce St., Phila. 6, Pa.]

Count XXII

[Count XXII is identical to Count XVII except that

the place of use of mails is Philadelphia and the addressee

is Mrs. P. Wilson Daily, 324 Spurce St., Phila. 6, Pa.]

Count XXIII

Tue Granp Jury Furtruer CHarcEs:

That during the period from on or about November 5,

1962, te on or about January 2, 1963, the exact date to this

12a

Indictment

Grand Jury unknown, Ralph Ginzburg and Liaison News-

letter, Inc., the defendants herein, and each of them, at

Philadelphia, in the Eastern District of Pennsylvania, and

within the jurisdiction of this Court, did knowingly use the

mails for the mailing, carriage in the mails, and delivery of

certain non-mailable matter, and did knowingly cause to be

delivered by mail, according to the direction thereon to J.

Wallace Davis, 135 South 18th Street, Philadelphia 3,

Pennsylvania, certain non-mailable matter, to wit: an ob-

scene, lewd, lascivious, indecent, filthy and vile pamphlet

and writing, entitled: ‘‘Liaison’’, Vol. I, No. 1, and which

said pamphlet and writing is too obscene, lewd, lascivious,

indecent, filthy and vile to be set forth in its entirety upon

the records of this Honorable Court, but profert whereof

is here made.

In violation of Title 18, United States Code, § 1461.

Count XXIV

[Count XXIV is identical to Count XXIII except that

the addressee is Raymond W. Engel, Meadow Lane, Phila-

delphia 14, Pennsylvania.]

Count XXV

[Count XXV is identical to Count XXIII except that the

addressee is Willard Fish, P. O. Box 7584, Philadelphia 1,

Pennsylvania. ]

Count XXVI

[Count XXVI is identical to Count XXIII except that

the place of use of mails is Jenkintown and the addressee

is J. Whiting Friel, 795 Glen Road, Jenkintown, Pennsy]l-

vania. }

13a

Indictment

Count XXVII

[Count XXVII is identical to Count XXIII except that

the place of use of mails is Valley Forge and the addressee

is G. C. Godwin, Welsh Valley Road, Valley Forge, Penn-

sylvania. |

Count XXVIII

[Count XXVIII is identical to Count XXIII except that

the addressee is George D. Morton, 5346 Chew Ave., Apt.

9A, Philadelphia 38, Pennsylvania. ]

Defendants’ Motion to Dismiss Indictment Under Rule

12 of the Federal Rules of Criminal Procedure

Defendants, Documentary Books, Ine., Liaison News

Letter, Ine., and Ralph Ginzburg move to dismiss Counts

1 through 6, 11 through 16, and 23 through 27 of the indict-

ment under Rule 12 of the Federal Rules of Criminal Pro-

cedure.

As grounds for this motion defendants state:

i. Prosecution for mailing of the material referred to

in Counts 11 through 16 of the indictment is barred by the

First Amendment to the Constitution of the United States ;

2. The materials referred to in Counts 1 through 6,

11 through 16, and 23 through 27 of the indictment are not

‘‘obseene’’ within the meaning of 18 U.S. C. 4 1461;

3. 18 U.S. C. § 1461 is unconstitutional and in violation

of the First, Fifth, and Sixth Amendments to the Constitu-

tion of the United States in that the statutory standard of

obscenity provides no reasonable ascertainable standard of

guilt.

l4a

Affidavit of Ralph Ginzburg

As further grounds for this motion, defendants refer

the Court to the affidavit and exhibits annexed and to de-

fendants’ memorandum of law.

Davip I. SHaprro

1411 K Street N. W.

Washington 5, D. C.

Sipney DicksTEIN

1411 K Street N. W.

Washington 5, D. C.

Norman A. Osutry

20 South 15th Street

Philadelphia 2, Pennsylvania

Attorneys for Defendants

Affidavit of Ralph Ginzburg, Read in Support of

Foregoing Motion

Strate or New York

County or New York

Rate GinzpureG, being duly sworn, deposes and says

that I am one of the defendants in this action and submit

this affidavit in support of defendants’ motion to dismiss

the indictment under Rule 12(b) of the Federal Rules of

Criminal Procedure.

1. ‘‘The Housewife’s Handbook on Selective Promis-

cuity’’ is filed separately with this motion as defendants’

Ex. A.

2. Liaison, Vol. I, No. 1, is filed separately with this

motion as defendants’ Ex. B.

5 |

lida

Affidavit of Ralph Ginzburg

3. The advertising material referred to in Counts 1

through 3 of the indictment is annexed to this affidavit as

defendants’ Ex. C,

4. The advertising material referred to in Counts 4

through 6 of the indictment is annexed to this affidavit as

defendants’ Ex. D,

5. The reviews of the ‘“‘Housewife’s Handbook on

Selective Promiscuity’’ appearing in Vol. LX. of the J our-

nal of Human Relations, Summer 1961 and in the Journal

of American Institute of Hypnosis, January, 1962 are

both annexed hereto as defendants’ Ex, E.

6. Prior hereto, and in February, 1962, I wrote over

one thousand prominent persons requesting their views on

the Housewife’s Handbook. I asked them to:

a. Set forth their academic degrees and profes-

sional attainments;

b. State what was ‘*hard-core”’ pornography as

measured by contemporary national standards ;

ec. State whether, in their opinion, the House-

wife’s Handbook was ‘‘hard-core’’ pornography and

if it was, why so, and if it was not, why not; and

d. State their views as to the value, if any, of the

Housewife’s Handbook to society.

about 10%, express the view that the Housewife’s Hand-

book is pornographic, ,

8. I am informed that prior to the time that defendant

Documentary Books, Inc. purchased the reprint rights of

l6a

Exhibit E

‘‘The Housewife’s Handbook on Selective Promiscuity’’,

Seymour Press, the original publisher, sent said book

through the mails with full knowledge of the Post Office

for a period of eighteen months and continues to do so to

this day.

Rates Ginzeura

(Sworn to April 11, 1963.)

Exhibit E, Annexed to Foregoing Affidavit

JOURNAL OF THE AMERICAN INsTITUTE OF Hypnosis,

January 1962, Los Ancevzs, Cauir.

Reviewep By Wo. J. Bryan, Jr., M.D.

The Housewive’s Handbook of Selective Promiscuity

By Rey Anthony

Seymour Press; Tuscon Arizona

This mistitled work is neither a handbook nor a treatise

on promiscuity. It is on the contrary a brilliant and skill-

fully written autobiography of a woman who through her

own searching analyses has been able largely to free herself

from the guilt which permeates the great majority of

American adult women (and to a lesser extent, men) on the

subject of their sexual behavior. By artfully relating her

own experiences, Mrs. Anthony indirectly shows the reader

rather than tells him how these terrible misconceptions

about sex adversely influence the lives of millions of Amer-

icans daily. For example, she relates an incident at age 4,

during which she became curious about the difference be-

tween her sexual organ and that of a small neighborhood

boy. The most informed parents today realize such sexual

curiosity among young children is normal and treat it as

normal behavior, calling for no special comment. ‘Mrs. An-

thony relates: ‘‘My mother screamed, ‘I’ll teach you’ and

—

17a

Exhibit E

she shouted, ‘don’t ever let me catch you doing that again.’

She didn’t.’’

Her short humerous replies to her mother’s hysterical

behavior point up the effect that poor sexual education in

childhood results in neurotic behavior in adulthood because

of the conflict between normal sexual emotions and drives

as opposed to guilt feelings introduced by arbitrary stand-

ards of conduct of a half century ago.

Actually it is surprising that this book has never been

written a hundred times in the United States already. Her

history is no different than the vast army of women, and

men too for that matter, who visit the psychoanalyst and

the hypnoanalyst daily. In fact, her story is really not

different from many average Americans. The great dif-

ference lies in the fact that she tells her story and she feels

no guilt regarding it. The only really bad feature of the

book is one last page consisting of a complete misinterpreta-

tion of the Holy Bible by a Doctor Robert Lindner which

could and should be completely left out. It is not a hand-

book nor a guide to sexual behavior. Each individual’s

sexual behavior, like every other part of his behavior, must

be decided upon on an individual basis according to his

needs and the needs of society around him together with

the ethical, moral force by which he lives. The importance

in the publication of this book as I see it lies, by and large,

together with the importance of the Kinsey Report. That

is to say, books like these show us not necessarily what the

American female should do or should not do, but what she

IS DOING. To a great extent it points up with knife-edge

sharpness the gross inadequacies regarding sexual educa-

tion of children and teen-agers. In addition to this, a

great many ideas will no doubt cross the reader’s mind

where research could be done in the field of frigidity,

impotence, and other sexual maladies because of the forth-

right, clearly written autobiography by Mrs. Anthony.

The discussion of semantics in sex is superb. Published

by Seymour Press, Tucson, Arizona.

18a

Exhibit E

JournaL or HuMAN RELATIONS

Summer, 1961 Vor. IX: p. 513

Reviewep sy Dr. Rosert M. FRuMKIN

The Housewife’s Handbook for Promiscuity. Rey Anthony.

Tucson: Seymour Press, 1960.

While the title of the book is somewhat misleading, the

contents are not. This book is a profound personal docu-

ment, a social psychological autobiography, as well as a

treatise on sex education. Although it is written for the

layman as a personal document, as an introspective study

of human interpersonal relations it is of great significance

and interest to the behavioral and social scientists, to social

workers, marriage and family counselors, lawyers, physi-

cians, anyone who is concerned theoretically or practically

with the betterment of human relations.

Mrs. Anthony has been married and divorced three

times. She has learned a great deal about sexual behavior

during her thirty-six years which are covered in her auto-

biography. As the mother of four daughters she is quite

concerned about sexual attitudes and practices in the

United States. At recent meetings of the American Asso-

ciation of Marriage Counselors and other professional

groups, Drs. Mary Calderone, Sophia J. Kleegman, and

Lena Levine, among other experts on women’s problems,

have talked much about the need for detailed accounts of a

woman’s reactions to her sexual experiences, for a longi-

tudinal study of the sexual development and sex education

of a woman. Mrs. Anthony’s book is that kind. It is one

of the few books written today which provides a sane sexual

philosophy and program of sex education in a society that

some authorities have described as ‘‘sexually insane.’’ In

fact, this reviewer feels that Mrs. Anthony’s book has all

the earmarks of a classic on human relations, like Clifford

19a

Defendants’ Exhibit 1

W. Beers’ A Mind That Found Itself. For it is a work

inspired by lessons learned from human suffering, and

inspired by and full of the love and warmth that sometimes

are created in the most tragic and deleterious surroundings.

This book, in short, is one of the most valuable publica-

tions on human relations which the author has ever read.

He recommends it highly to everyone concerned about the

betterment of human relations.

State University of New York

Defendants’ Exhibit 1, Annexed to Foregoing Affidavit

Dr. THEopoR Rex

401 West End Avenue

New York 24, N. Y.

ENdicott 2-5582

February 14, 1963

Mr. Ralph Ginzburg

% Documentary Books, Ine.

110 West 40th Street

New York 18, N. Y.

Dear Mr. Ginzburg:

Recovering from a serious illness I cannot answer your

questions as fully as they would deserve, but I read the

Handbook with great attention. I admire the moral cour-

age and the originality of the observation of this book, that

will, I hope, be read by a wide circle of cultivated readers.

I was especially impressed by the excellent description of

the behavior of adolescents and children. The book is

unique in several directions.

Very truly yours,

TxueEopor Rerk

20a

Defendants’ Exhibit 2, Annexed to Foregoing Affidavit

Feb. 17, 1963

Dear Mr. Ginzburg:

I have just finished reading ‘‘The Housewife’s Hand-

book on Selective Promiscuity,’’ which I think is a valuable

contribution to the understanding of human behavior.

One may not agree with the author’s philosophy about

sex, one may even judge her quite an emotionally disturbed

person, but one cannot quarrel with her honesty and humor.

Far from being pornographic, this book should make each

reader examine his own life more carefully. He may come

out with opposite answers to those the author advocates but

at least he will have done some thinking.

Sincerely,

Lucy FrzEMAan

120 Central Park South

New York, 19

Defendants’ Exhibit 3, Annexed to Foregoing Affidavit

1001 East First Street

Bloomington, Indiana

March 5, 1963

Mr. Ralph Ginzburg

Editor and Publisher

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

In answer to your question concerning my opinion of

the book by Rey Anthony, of which you are the publisher,

I wish to state that I consider this to be a truly significant

and valuable book. It constitutes an important record of

personal life, particuiarly as regards its sexual aspects, in

2la

Defendants’ Exhibit 3

our contemporary society, revealing widespread conditions

that are today far from adequately realized, much less taken

into account as they should be, by those dealing eith r

theoretically or practically with human welfare. If we

refuse to see a situation we may allow evil to take over, and

if we cannot speak to each other about it we will not know

where to look for it. The matter is therefore one of grave

concern to the entire public.

To suppress this book or penalize its publisher, espe-

cially on a criminal charge, by classing it as ‘hard-core

pornography”’ would be to set a shocking precedent, that

might have tragic consequences for freedom of expression

and intellectual freedom in general in the United States.

It would open the door to a type of authoritarian dictation

over matters of psychology and sociology that would, in

reaction, promote the growth of underground subversion.

It would also tend to promote that unhealthy state of

society in which it is a quite accepted practice for people to

live according to quite different standards of morality than

those which they profess.

The predominant use by the author, Rey Anthony, of

autobiographical narrative rather than theoretical discus-

sion (which is however close under the surface in most

passages) makes the book all the more effective in getting

the reader’s attention, allowing him better to grasp the

problems involved, and to come to conclusions concerning

them. Admittedly, not a few of the incidents will be re-

pellent to the reader. Their impact will thereby be greater

and this is fortunate, for they are the ones which it is the

most important for him to think about the significance of.

What constitutes ‘hard-core pornography’”’ varies

greatly with time, place and circumstance. The accepted

feminine costumes of today would have been considered

‘‘hard-core pornography”? in this country at the turn of the

century, if worn in public, Similarly, in matters of ex-

pression in oral and written language, our mores have been

22a

Defendants’ Exhibit 3

greatly liberalized during the same period, so that although

Rey Anthony’s book might have been taken as ‘‘hard-core

pornography”’ in 1900 that is certainly no longer the case

today. So far as this béok is concerned, that is because

enough of the population has by this time come to realize

the social value of the presentation of facts like those put

forth by Mrs. Anthony. In other words, very few people

in 1900 would have been prepared to take the book seriously

and they would have merely been shocked or titillated by

it, passing by its deeper meanings, whereas today its

courageous factuality in regard to the experiences re-

counted serves the important function of making many

readers seek ways of changing conditions for the better.

Moreover, our notions of what constitutes better are also

evolving, and should evolve, and a book as veracious as this

offers considerable help in that evolution.

In my opinion, ‘‘hard-core pornography’’ attempts,

through words, pictures or actions, to arouse sexual feel-

ings in ways injurious to the society of the given time and

place. It thus encourages sexual thoughts and actions that

take an anti-social form. I should say that Rey Anthony’s

book is just the opposite in this respect, since its primary

function is in service to society.

Yours sincerely,

Hermann J. Muller

HERMANN J. Mutuer, Ph.D., D.Sc.,

winner of Nobel Prize in Physiology

and Medicine in 1946.

HJM:slh

P.S. If my statement or any part of it is used I do not

wish to have my connection with Indiana University stated

because the above deposition is being made by me as a

private citizen, not as an employee of Indiana University,

and I do not wish to have this University involved through

what I have said.

23a

Defendants’ Exhibit 4, Annexed to F oregoing Affidavit

Tuomas E. Rarorn, M. D.

1975 Guilford Road

Columbus 21, Ohio

February 20, 1963

Ralph Ginzburg

Editor & Publisher

Documentary Books, Ine,

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

In answer to your recent letter concerning my opinion

on the propriety of The Housewife’s Handbook on Selec-

tive Promiseuity, I am happy to give you the following

statement.

I have been using this manual for several months in

counseling patients having marital difficulties centered

about their sexual behavior sphere. When this Handbook

was first made available to the medical profession, I

ordered several copies and have reordered several times.

I have given this book to several professional colleagues of

mine and I feel it a valuable addition to the library of

every serious student of sexual physiology and psychology.

I do not consider this Handbook pornographic in any

manner whatsoever, since it is a most carefully written

and phrased document showing one individual’s continuous

process of developing insight and growth in the sphere of

sexual behavior.

I am and have been a practicing physician (Doctor of

Medicine) for 32 years, am a member in good standing of

all local, state and national medical organizations per-

taining to my specialty, which is family practice. I would

recommend this book to all doctors of medicine engaged

in marriage and other forms of family counseling.

Sincerely yours,

Thomas E. Rardin,

THomas EB. Rarpin, M. D.

TER :tr

24a

Defendants’ Exhibit 5, Annexed to Foregoing Affidavit

Hersert F, Trapt, M. D.

109-10 Queens Boulevard

Forest Hills 75, New York

BOulevard 1-2774

Febr. 19th 1963

Mr. Ralph Ginzburg

c/o Documentary Books, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg,

Although I gained my M. D. in Prague, 1933, having

graduated then from the Czech Charles University, I have

brushed up my psychiatry in three years of attending the

New York School of Psychiatry where Prof. Sandor Rado,

M.D. has taught us the principles of understanding emo-

tional disturbances and seeing in faulty sex practices their

main source.

Hard core pornography, as measured by contemporary

national standards, is the expression of lewdness, lascivi-

ousness or obscenity by word or picture with the inten-

tion to arouse prurient sex feelings in immature or im-

potent persons.

The Handbook is certainly not hard core pornography

as measured by contemporary national standards as it

represents a sincere description of selfanalytic observa-

tions to help those who suffer from the ill-effects of sexual

immaturity, overcome their prudishness and free them-

selves from emotional cobwebs.

I wish I had the facilities to distribute this book to all

my patients, who consult me about their marital and/or

sexual problems. This frank and clean discussion of ‘‘un-

speakable’’ and alas, so human and cardinal problems of

everyone, will help many a sufferer to reach quicker a

25a

Defendants’ Exhibit 6

rich and healthy emotional life. Tension is the result of

conflicts and orgastic intercourse the master-mechanism to

release tension.

Very sincerely yours

H. F. Trapt.

Defendants’ Exhibit 6, Annexed to F oregoing Affidavit

(Letterhead of)

Peter G. Bennert, M. D.

February 13, 1963

Mr. Ralph Ginzburg

110 West 40th St.

New York 18, N. Y.

Dear Mr. Ginzburg:

I have just finished Rey Anthony’s The Housewife’s

Handbook on Selective Promiscuity, and let me tell you that

it is a most impressive book and one that I shall long re-

member and frequently refer to in niy work as a psychoan-

alyst. Indeed, I have enclosed a note to Mrs. Anthony,

which I trust you will forward, simply to express my ap-

preciation and congratulations.

It seems very important to me that the Postmaster

General has chosen to prosecute you for using the mails

for such a significant work, because it seems crystal clear

that in this book there is no pornographic intent or obscene

quality. Perhaps with such a clear issue we can see that

the conscience of the Postmaster General is relieved once

and for all of the moral obligation, which the many letters

he is receiving on obscenity, is creating.

As indicated above, I am a psychoanalyst and a member

of the Philadelphia Psychoanalytic Institute, American Psy-

chiatric Association and the Philadelphia County Psychi-

26a

Defendants’ Exhibit 6

atric Society. In addition to private practice, I am Psychi-

atric Consultant to Haverford College and an Instructor at

the University of Pennsylvania School of Medicine in Psy-

chiatry. However, I must add that I am writing you solely

in my capacity as a private citizen, and that I am entirely

adverse to the trend in our modern society which tends to

treat psychiatrists as specially sanctified authorities in

moral and legal questions. The great legal problems of our

society can only be definitively solved by mature parents

raising their children in such a fashion that there will be

relatively less hostility and fear of sexuality, etc. Until the

sickness of our society abates, I sorrowfully feel we are re-

quired to have certain legal restraints which protect society

from the few but also are a burden for those who do not

need restraining.

Returning to the question of pornography specifically, it

would seem to me that ‘‘hard-core pornography by con-

temporary national standards’’ must be evaluated by two

measures. First, there is the intent of the creator. This is

not necessarily easy to determine, but if the intent is to com-

municate ideas or feelings, including sexual feelings, I would

not corsider this pornography. If the object is material

gain for the creator through an appeal to the sexual curiosity

and appetite, I would call this pornography. Obviously,

by this standard many movies, comic books and paperback

novels are pornographic since they are produced primarily

to make money. I do not feel that this is an illegitimate

business, but I do recognize that in a sick, repressed society

such as ours, there may be a need for some regulation

of this business, just as we need some controls over gambling

and confidence rackets.

Pornography may also be evaluated in terms of its ef-

fectiveness in arousing sexual responses in the recipient.

This varies tremendously, but in this regard, legal regula-

tion need only be concerned with the protection of those

27a

Defendants’ Exhibit 6

persons who would be harmed by it, just as we only need

-laws against rape to protect women and children. Whom

are we to protect against pornography, and what pornog-

raphy is harmful? This is a difficult question, but it seems

that many children and some adults have been so over-

protected against the facts of sexual life that it would con-

ceivably be upsetting and even might contribute to anti-

social acting out if they were exposed to certain types of

pornography. The types of pornography I have in mind

are those which suggest that sex is bad, dirty, and that

a sexual relationship is primarily a hostile attack of a man

on a woman, or vice versa. (There is an even greater

problem in our society with the encouragement of pure

hostility of the Mickey Spillane type which goes largely

unregulated.)

The Handbook is clearly not pornography by the stand-

ards I have attempted to define above. It is very much an

attempt to communicate some deeply felt ideas about female

sexuality. I happen to agree with most of these ideas, but

that is not even the point since if I totally disagreed this

would not negate the fact that the author has ideas to ex-

press and the right to be heard providing she is not grossly

harming any of her potential audience. Clearly the author

was not primarily concerned with financial gain or fame,

since the most she could expect was notoriety. Finally,

even if the potential audience included many children I do

not see how it could be particularly harmful, whereas for

the majority of readers who understand its message at all,

it should have a profoundly maturing influence that should

make life more meaningful and enjoyable. The author

makes it abundantly clear that her inability to find a good

husband for herself and father for her children has made

her life almost unbearably difficult at times, and we feel

sorry for her, and are glad that she has been able to achieve

the happiness she has. Nowhere does she encourage prom-

28a

Defendants’ Exhibit 6

iscuity at another person’s expense, and occasionally she

finds slight evidence that it has been helpful to the men and

women she has crossed paths with. This is the only criti-

cism that I can imagine a relatively mature adult leveling

at the book; that she encouraged marital infidelity and ir-

responsibility, but this would require a gross misreading

of the book. Certainly she uses no new words and describes

no new scenes which have not been described in ‘‘mailable’’

literature before.

My total reaction to the Handbook was admiration of

the author, interest in the content of the book, and enthusi-

asm for the cause of greater freedom of communication on

the subject of sex which she espouses. I recognize that our

society is not fully ready to accept the ideas, or in some cases

even to read the words she uses, but it will be a better, saner

society when it becomes ready. Therefore, I feel that Mrs.

Anthony has made a real contribution to society, and I hope

that this court case will not only preserve your right to

send it through the mails, but that the attendant publicity

will get this Handbook, the wider reading it deserves.

Very truly yours,

Peter G. Bennett, M. D.

;

Defendants’ Exhibit 7, Annexed to F oregoing Affidavit

29a

Wattace C. Eviersroex, M. D., F.A.C.S.

Diplomate American Board of Surgery

427 Atlantic Avenue

Long Beach 12, California

Telephone HE 2-4473

Feb. 20, 1963

Mr. Ralph Ginzburg,

% Documentary Books, Inc.,

110 W. 40th St.,

New York 18, New York.

Dear Mr. Ginzburg:

Thank you for the extra copy of ‘‘The Housewife’s

Handbook of Selective Promiscuity’’; I already have one

copy which is used to loan to patients. I am a specialist

in General Surgery, am a Diplomate of the American Board

of Surgery, and a Fellow of the American College of Sur-

geons. I received my M. D. from the University of Iowa

in 1944, and since have spent my time split between service

in the Navy and in private practice.

My opinion as to the definition of hard-core pornography

is as follows: a work which either by intent or coincidentally

causes direct sexual stimulation, and which by inference

might or might not lead to sexual activity.

It is my considered opinon after carefully re-reading

the book that it does not, in whole or in part, in any way

constitute ‘‘hard-core pornography’’. It is in no way

salacious. As an additional test, I had the book reviewed

by four young people, two male, and two female, known to

me as of good moral character; they were instructed in ad-

vance to note any ‘‘sexual stimulation’’ of any type, and

all reported none.

It is my opinion that the book has definite therapeutic

value for individuals with sexual problems, and would be

30a

Defendants’ Exhibit 8

valuable rather than harmful to anyone who has reached

physiological maturity. A further unsolicited opinion is

that your other publications are superlative contributions,

and will continue to receive my support and recommenda-

tion to others, both lay and professional.

Yours very truly,

Wallace C. Ellerbroek, M. D.

Watuace C. EvversrokEk, M. D.

WCE/we

Defendants’ Exhibit 8, Annexed to Foregoing Affidavit

Sranrorp R. Gamo, M. D.

664 N. Michigan Avenue

SUperior 7-7480

Chicago 11 Ill.

March 5, 1963

Mr. Ralph Ginzburg

% Documentary Books, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

1) Ihave an M. D. degree from the University of Illinois

College of Medicine. I am currently a practicing psychia-

trist and psychoanalyst, assistant professor of psychiatry at

Northwestern University, attending psychiatrist at Veter-

ans Administration Research Hospital in Chicago, attend-

ing psychiatrist at Michael Reese Hospital in Chicago, and

clinical associate at Chicago Institute for Psychoanalysis.

2) To me ‘‘hard-core pornography’’ is easily identifi-

able as literature of low quality and poor taste, the sole

purpose of which is to arouse the reader’s sexual desires

by any means the writer can invent without regard for

literary value, ethical consideration, or total affectional

and humanitarian regard.

3la

Defendants’ Exhibit 8

3) The Handbook (Housewife’s Handbook on Selective

Promiscuity, by Rey Anthony) is, in my opinion, not in the

least obscene or pornographic. It is simply a woman’s

autobiographical account of her sexual and affectional life

and development from childhood to adulthood, told in a

straight forward, unashamed, refreshingly frank manner.

I would let my daughters read it without any qualms that

‘‘they might be corrupted.” Actually, it is my impression

that we need more candor about sex, resulting in less em-

phasis and more equanimity, putting it in its proper place

as an important function in life that has highly Significant

meaning in the total context of one’s whole emotional ex-

perience. In the last analysis, my thought is simply—

‘‘What’s all the fuss about?”

4) Partly answered above. Although no great example

of literature and not written with any great insight into

human behavior, the Handbook does help free us from

the ‘‘prudish chains”’ that continue to bind too many Ameri-

can families, In fact, I suspect that such attitudes con-

tribute significantly to the abundant fund of neurotic dis-

turbance in our lives,

Sincerely yours,

Stanford R. Gamm, M. D.

Sranrorp R. Gamo, M. D.

32a

Defendants’ Exhibit 9, Annexed to Foregoing Affidavit

Wuuum L. Purcersr—Librarian of Wistar Institute of

Anatomy and Biology, Member of Contributing Staff of

‘‘ American Record Guide.’’

Subject: ‘‘The Housewife’s Handbook on Selective

Promiscuity’’ by Rey Anthony.

‘‘Hard-core pornography”’ applied to a medium of com-

munication means that its purpose and/or result are to

arouse sexual desire in the reader or beholder. ‘‘The House-

wife’s Handbook on Selective Promiscuity’’ does not fall

into this category because it does not dwell on sensual de-

tails for the simple reason that it is a book of ideas, a work

of ethical philosophy, in the form of a sexual autobiography.

So that even the most obtuse or careless reader will not

miss the point, these ideas are explicitly formulated in the

final chapter. If the purpose of the book were to stimulate

the reader’s passion, the sexual narrative would be en-

larged and handled differently than it is, all unorthodox

ideas would be eschewed, and the author would profess

conventional standards in a final word of recantation. As

the book stands, no author or publisher in their right

senses would issue it as pornography to make money.

‘‘The Housewife'’sHafdbook ... is undoubtedly a

classic and ranks with the Kinsey Reports as one of the

half-dozen greatest contributions to our understanding of

the psychology of sex made so far in this century. It is

a book wrought with literary skill and is profound, sincere

and original in its impact; it is courageous and eloquent

and high-minded, witty and wise and honest. Like all liv-

ing and truthful manifestations of the human spirit, this

book is a force for morality, for the advancement of good-

ness and dignity. As an expression of secret thoughts and

feelings common to many people but usually repressed, it

serves a salutary function of catharsis. For the ‘‘average’’

man it is informative and instructive in an area of knowl-

edge vital to the happiness of each individual but usually

ignored by our system of education. Always entertaining

and easy to read, it has the rare distinction of never being

dull in spite of its serious intent; it holds the interest and

amuses while it instructs and challenges thought. This

book is one of those golden books of spirit and sense that,

as Swinburne wrote of ‘‘Mlle. de Maupin”’ is a ‘‘holy writ

of beauty ... where man may breathe just for a breathing-

space and feel his soul burn as an altar fire to the unknown

god of unachieved desire.’’

33a

Defendants’ Exhibit 10

Defendants’ Exhibit 10, Annexed to Foregoing Affidavit

W. G. Parsgt, M. pv.

1862 Placentia Avenue

Costa Mesa, California

Liberty 8-7601

LlIberty 8-0881

February 19, 1963

Eros Magazine, Inc.

110 W. 40th St.

New York 18, New York

Attention: Mr. Ralph Ginzburg’

Dear Mr. Ginzburg:

In reply to the four questions asked in your letter en-

closed with Handbook I would like to reply as follows:

1. Degrees—Bachelor of Science Ohio State Uni-

versity 1950; M. D. Ohio State University 1954.

Member of American Medical Association, Cali-

fornia Medical Association, Orange County Medical

Association, American Academy of General Prac-

tice, Aero-Medical Association, staff member Hoag

Memorial Hospital, Newport Beach, 8 years of gen-

eral practice.

34a

Defendants’ Exhibit 10

2. An exact answer to this question seems ex-

tremely difficult to me. After considerable thought

and noting several dictionary definitions of pornog-

raphy, I still have a great deal of difficulty in render-

ing a mere opinion. I can only venture to say that

apparently most people would consider hardcore

pe *ography something which would initiate a sex-

ue stimulus but also would be of a crude, foul, or

disgusting nature. The two concepts seem to me

to be somewhat mutually exclusive so not really

very satisfactory. I feel that if a person thinks that

sex is obscene, than the fault is with the person.

Perhaps there is no such thing as ‘‘pornography’’.

In short I find it impossible to be dogmatic.

3. This question hinges on the reply to question 2,

of course. I have no doubt that certain parts of this

book, particularly where the author relates her sex-

ual experiences, would arouse in the reader a sexual

stimulus. As to whether this is crude or disgusting

is something else again. Most of the book, however,

would cause the reader to seriously reflect upon the

philosophical and psychological points ventured by

the author. In any event I can’t consider the book

‘‘hardcore pornography”’ in the sense that most peo-

ple would define this term.

4, This I think is the most pertinent question. I

definitely think that this book is of considerable value

to society. This book attempts to communicate what

one persons idea of an ideal sexual relationship

should be. Comprehensive, sincere, statements by

individuals on this subject are desperately needed

to counteract the mass of misinformation which is

frequently given to the public.

Sincerely yours,

W. G. Parsel, M. D.

W. G. Pansez, M.D.

35a

Defendants’ Exhibit 11, Annexed to Foregoing Affidavit

1835 Eye St., N. W.

Washington 6, D. C.

February 5, 1963

Mr. Ralph Ginzburg

Eros

110 W. 40th St.

New York 18, N. Y.

Dear Mr. Ginzburg:

It has been called to my attention that your publication,

The Housewife’s Handbook has been challenged by the

Post Office Department.

I have carefully read this book and would like to go

on record, as a person of long experience as a marriage

counselor and family life educator and as a psychotherapist

who has dealt with many kinds of problems in the field of

sexual behavior, in protest against banning of your pub-

lication and in support of the therapeutic and educational

value of the book. The American public obviously needs

such frank, clear, and penetrating accounts of sexual be-

havior if we are ever to overcome fallacious and prurient

conditioning about sex which is still so rampant in our so-

ciety.

Sincerely yours,

Robert A. Harper

Rosert A. Harper, Pu.D.

36a

Defendants’ Exhibit 12, Annexed to Foregoing Affidavit

P. O. Box 581

West Lafayette, Indiana

Mr. Ralph Ginzburg

% Documentary Books, Ine.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I have read Tue Hovusewire’s Hanpsook on SELECTIVE

Promiscurry by Rey Anthony and I am happy to write to

you giving my opinion of this excellent work.

My qualifications are as follows: I have a B.A. (Uni-

versity of Houston), M.A. (State University of Iowa), and

an M.S. (Purdue University). At the moment I am Chief

Research Psychologist for the Human Retations Reszarcu

Funp while completing my dissertation for the Ph.D. degree

in Clinical Psychology. I am a member of the following

professional organizations: American Psychological Asso-

ciation, American Personnel and Guidance Association,

Midwestern Psychological Association, American Speech

and Hearing Association, American Association of Uni-

versity Professors, American Association for the Advance-

ment of Science, American Academy of Political and Social

Science, and the National Honorary Scientific Society of

Sigma XI. I am listed in the 10th edition of American

MEN oF SCIENCE.

Now to answer your questions in order. The above

mentioned book cannot in any sense be considered to be

hard-core pornography on the basis of contemporary na-

tional standards. In point of fact it is more in the nature

of a scientific thesis of one woman’s observation and unique

introspection of her basic sexual nature; her problems,

frustrations, and eventual resolutions of her own personal

problems. The writer is not promiscuous—the book is cer-

37a

Defendants’ Exhibit 12

tainly not promiscuous. To label this book—which I’m

certain will become a basic classic in understanding female

sexual needs—obscene is to border on the ridiculous.

The unique value of this book lies in its honesty and

rarity. To anyone familiar with psychological literature it

is apparent that there is little, if any, material of an intro-

spective nature with regard to the sexual nature of the

female—or the male, for that matter. Material such as

Mrs. Anthony places in her book can form the nuclei of a

great many scientific experiments that could provide useful

answers to many questions.

I assume that any intelligent person reading this book

would recognize its value as an educational instrument so

I will not belabor this point. In closing I would like to

mention its value to other women. Through her writing

style, Mrs. Anthony has created a warm and personal docu-

ment that brings information and a high degree of comfort

to women with similar problems,

I do wish you success in your court case Mr. Ginzburg.

Since I am also a member of American Civil Liberties

Union, you can easily guess which team I shall cheer,

Sincerely yours,

Prentice von Conrad

PRENTICE von Conrap

Chief Research Psychologist

Human Retations Resgarcu Funp

PvC:em

38a

Defendants’ Exhibit 13, Annexed to Foregoing Affidavit

Cuaries G. McCormick, ED. D.

Forty Park Avenue

New York 16, N. Y.

ORegon 9-3736

February 23, 1963

Mr. Ralph Ginzburg,

% Documentary Books, Inc.,

110 West 40th Street,

New York 18, New York.

Dear Mr. Ginzburg:

In response to your letter, I take pleasure in comment-

ing on several items related to The Housewife’s Handbook

on Selective Promiscutty.

By way of introduction, I am a psychologist, certified

in both the State of California and New York State. I hold

a doctor of Education degree from Columbia University,

a Bachelor of Divinity degree from Union Theological

Seminary, and a Bachelor of Arts degree from Amherst

College. Fur the past sixteen years I have been a lecturer

in psychology at the New School for Social Research in

New York City. I am in private practice at the above ad-

dress, specializing in psychotherapy. I am a member of

the American Psychological Association, the New York

State Psychological Association, and a Fellow of the

American Group Psychotherapy Association. I am also on

the editorial board of the International Journal of Group

Psychotherapy.

‘*Pornography’’, in my judgment, is an attitude. It is

an attitude of ‘‘advantage-taking’’, colored by emotional

deprivation. Pornography exists where the user’s limita-

tions permit another person to excite his appetite for

‘*pleasure’’, without responsibility. Pornography requires

i 39a

Defendants’ Exhibit 13

a combination of elements in the consumer’s or distributor’s

attitude: 1) The object or act must be intrinsically ‘‘bad’?’

or ‘‘evil’’ to him; 2) it must be pleasurable; 3) it must be

important to him to deny any identification with the object

or act. Pornography exists only for one who is essentially

ashamed and apologetic for his biological inheritance and

function.

No material, whether book, picture, sound or act, is in

itself pornographic. The conditions of the parties engaged

in the exchange create pornography. I have a vivid recol-

lection of a scene where I was a third witness. The other

two were a couple of truckmen who were unloading a truck.

I was on my way to school, junior high school. We three

were audience to the mating of two cats. One of the truck-

ers started to snicker suggestively, condescendingly. The

other spoke sharply, ‘‘Don’t laugh! That’s just as sacred

to them as it is to you when you do it.”’ The second man,

even though he reproved his companion, was obviously eu-

joying watching the cats experience coitus.

This was my first contact with both pornography and

an attitude towards sex that declared it good and enjoy-

able. The attitude of the first trucker was pornographic.

That of the second was more intelligent and adult. Even

at the age of twelve I appreciated the difference.

My good fortune in sex appreciation as distinguished

from pornography, which is sex depreciation, continued.

In high school I studied with Jesuit priests. I am not a

Roman Catholic. During a religious Retreat, one of the

Jesuits was explaining about reading literature in which

there were references to Sex, e. g., Shakespeare’s plays

and sonnets. His explanation went like this: ‘*When you

read about a bucolic Scene, you will experience sensations

related to the texture of grass, the heat of the sun, and

the smells of the farmlands. When you read about sex,

you must expect to have sensations through your body that

40a

Defendants’ Exhibit 13

are associated with genital excitement. These feelings do

not mean that the writing is ‘“‘bad’’ or ‘‘dirty’’; and they

do not mean that you are ‘‘sinful’’. |

Again, here was expressed respect for sexual exper-

ience, and sexual pleasure. The difference from por-

nography was clear and unmistakable. Sex could be en-

joyed through a variety of media. It could be debased in

any one of them only by the attitude of the participant

or participants. While Shakespeare was not himself por-

nographic, a reader, or a member of his audience might be.

A nine-year-old girl reported to her mother that the

teacher had that morning been showing ‘‘dirty’’ pictures

to the class. The hysterical mother realized that she

had unwittingly educated her child to pornography when she

saw the colored slides of the circulatory and respiratory

systems. These were the ‘‘dirty’’ pictures. To her daughter,

anything pertaining to the human body, below the chin,

was ‘‘dirty’’.

The trucker who snickered, the reader of Shakespeare

who ‘‘drooled’’, and the little girl who saw ‘‘dirty’’ pic-

tures among the blood vessels all measure down to the

contemporary standard of ‘‘hard-core pornography’’.

Their emotional conditions made this possible.

What is most significant about pornography is, that no-

body can ever succeed in ‘‘protecting’’ such people from

exposure to ‘‘pornography’’. Wherever they are, there is

pornography.

It must be obvious to you by now that in my judgment

neither the Handbook, nor any other material related to

sex can in and of itself constitute pornography. Only to

an individual, or to a particular group of individuals under

leadership, could such matter become pornographic. Ma-

terial related to the subject of sex, sexual expression,

sexual experience, sexual education, and sexual enjoyment

will be healthy or pornographic according to the condition

4la

: Defendants’ Exhibit 13

of the consumer or of the distributor—and not necessarily

to both in the same instance!

¥ I have encountered no pornography in connection with

the Housewife’s Handbook on Selective Promiscuity ; neither

in the book itself, nor in the promotional material issued

by the publisher.

I find the Handbook promising as a resource. For

anyone who is consciously searching for an understanding

of himself or of herself, the experience of this young author

should be most helpful in several ways.

ied BN Laat

1) The universalization of the problems connected with

the discovery of genital expression, function, and enjoy-

ment is probably the outstanding service performed by the

Handbook. The fact that someone else demonstrates first-

hand acquaintanceship with what the reader has been

through, relieves the reader of the sense of being ‘‘differ-

ent’’, ‘‘peculiar’’,

2) The fact that someone has investigated a division

of knowledge usually fraught with superstition, taboo, and

‘“‘danger’’ (the danger associated with getting “caught’’

by one’s parents), and that that someone speaks with con-

fidence and self-respect, should serve to discharge the

“‘magic’’ and awesomeness of this crucial matter,

3) The soundness of the author’s discoveries is another

value. The physiological information, the emotional en-

cumbrances (claims), the psychological dimensions, and

the cultural implications of all matters sexual are well

established, and conscientiously recorded. The reader is

exposed to information in a form easily understood. The

author writes authoritatively. She knows what she is

talking about, and is learning more.

For the psychologist, or psychotherapeutically trained

psychiatrist, the book offers an interesting side-note. The

author’s marital history demonstrates the psycho-dynamic

handicap which has accrued to her from her developmental

| |

42a

Defendants’ Exhibit 14

period. In spite of her intelligence and her persistent pur-

suit of knowledge and competence in a great variety of

fields, over and over again she allied herself with ‘‘good’’

but inappropriate partners. In writing her book she does

exactly the same thing. One example of it is in her use

of ‘‘authorities’’ in the second section of the Handbook:

Her reference to, and use of quotations from Robert Lind-

ner’s book are not in keeping with the tone and attitude she

herself expresses in her own writing.

I can see countless possibilities for constructive use of

this unusual document. I should like to see it remain

available to a learning public.

Yours sincerely,

Charles G. McCormick.

Cuar.tes G. McCormick.

Defendants’ Exhibit 14, Annexed to Foregoing Affidavit

Dr. Eveene B. Napier

Department of Management

Case Institute of Technology

10900 Euclid Avenue

Cleveland 6, Ohio

February 14, 1963.

Mr. Ralph Ginsberg

c/o Documentary Books

110 West 40th Street

New York 18, New York

Dear Mr. Ginsberg,

I am writing to you in response to your appeal which

came with The Housewife’s Handbook on Selective Pro:

miscuity, by Rey Anthony.

I hold B. S., M. A., and Ph. D. degrees in psychology,

all attained at Western Reserve University. I began work

as a professional psychologist, in clinical, research, and

teaching capacities, several years before acquiring my

Ph. D, six years ago.I consider that my specialty is the

topic of social attitudes, within the area of social psychol-

ogy, although I have done research and published profes-

sional articles on a variety of topics.

You may be particularly interested in one of these

papers, entitled ‘‘Authoritarian attitudes toward women

and their correlates,’’ which appeared in the Journal of

Social Psychology, 1959, pp. 113-123, 49. Dr. William RB.

Morrow was junior author of the paper. In this paper we

presented evidence showing that the more chivalrous a

man was, as measured by an attitude scale, the more likely

it also was that he harbored hostile attitudes toward

women, also measured by an attitude scale. It was further

shown that both of these attitudes, usually thought to be

opposites, were part of a world view that included prej-

udice toward minority groups and more general anti-

democratic attitudes. The meaning of these results are

briefly discussed, including chivalry and hositlity in sexual

matters. You may be interested to know that in doing this

study, which was my master’s thesis, I had very little

previous information to go on, since there is a dearth of

literature on this topic, a dearth which Mrs. Anthony’s

book helps, however slightly, to rectify. You also may be

interested to know that this dearth of scholarly literature

on the topic of male-female attitudes was balanced only by

the enormous popular interest which this paper aroused.

The local morning paper, the Cleveland Plain Dealer, gave

it a great deal of space. It was picked up by a wire serv-

ice, United Press I believe, and received coverage across

the country. It was the subject of an article by a profes-

sional writer, John Gibson, in the Toronto Star. I have

friends who tell me that this article produced news items

overseas, even in the columns of a ship’s newspaper. This

enormous interest contrasts sharply with the merit of the

43a

Defendants’ Exhibit 14

44a

Defendants’ Exhibit 14

research, which was simply a very modest scientific effort

by a budding professional. It shows how much the public

is starved for this kind of information. I enclose a reprint

of the paper.

I would define hard-core pornography, by ‘‘contem-

porary national standards,’’ as including any work speci-

fically designed to sexually arouse a target population.

There are a number of characteristics of the work that

must be taken into account in order to make the decision

that a work is of this nature.

1. Building to a climax, MHard-core pornography

typically contains scenes in which one sexual act after an-

other is graphically depicted, each more audacious than

the previous one, the total coming to some wild climax.

2. Absence of non-sexual elements. The pornographer

can’t be bothered with how people make their living, the

kinds of personalities they have, the problems of everyday

living. To deal with these things distracts from his purpose

of arousing his audience.

3. Corruption of the super ego. The phrase is Freud’s,

aptly pointing to the fact that part of the pornographer’s

job is to allay the feelings of guilt that he may arouse in his

treatment of sex. This purpose is achieved by portraying

the characters as completely devoid of guilt, chiefly, but

also in other ways.

4. Gross exaggeration of the physical aspects of sex.

The pornographer typically dwells on the huge organs of the

male, the large breasts of the females, the amounts of

sexual fluids extruded, ete.

5. Sexual virtuosity. The characters in pornographic

works are invariably great lovers. They make no mistakes.

They display no awkardness. They have unlimited capacity

for orgasm. They never get tired.

= a

45a

Defendants’ Exhibit 14

I would say that if a work contains four out of these

five characteristics, in any combination, then it is probably

pornographic.

In my judgment, Mrs. Anthony’s book is not porno-

graphic. I don’t believe there is a single scene in the book

that has even one of the abovementioned characteristics, let

alone four of them. Rather, it is an exceedingly honest

statement of Mrs. Anthony’s sexual development, and of

the experiences which produced that development. The

emphasis is not on how a person produces sexual experi-

ence, but rather on how sexual experience produces a per-

son, and there is a world of difference between these two

emphases. Mrs, Anthony has had many sexual experiences,

some~of them good, many of them unfortunate. Taken

together, she seems to feel that they made her a better

person. She has made a great effort to sort out these ex-

periences and to put them before us with her own inter-

pretation so that perhaps we may benefit thereby. I don’t

believe that her experiences are very atypical of the gen-

eral population, but I do believe that her honesty and

insight is.

I believe that this book, if widely read and discussed,

would be of positive value to society. It raises a great

many questions that can be pursued as scientific hypoth-

eses. It contains many opinions which are widely held

by the most advanced sections of the scientific community.

It takes a question momentous for us all out of the limbo

of silence and places it on the table for open discussion. It

is possible to disagree with certain sections of it, and to

wonder at the many questions it doesn’t deal with at all.

But it is not possible to remain unaffected by it. I would

like to see more books by Mrs. Anthony. She manages to do

46a

Defendants’ Exhibit 15

what every teacher aspires to, namely, to stretch the minds

of her students.

Sincerely yours,

Eugene B. Nadler, Ph. D.

Evucene B. Napier, Pu. D.

Assistant Professor.

Defendants’ Exhibit 15, Annexed to Foregoing Affidavit

ABRAHAM J. RoseEnFELD, M. D.

Stafford House

5555 Wissahickon Avenue

Germantown, Philadelphia 44, Pa.

Victor 3-6670

February 19, 1963

Mr. Ralph Ginsburg

Editor and Publisher

c/o Eros Magazine, Inc.

110 West 40th Street

New York, New York

Dear Mr. Ginsburg:

I will attempt to answer certain questions asked by you

concerning my opinion and reactions, specifically those

relating to obscenity and pornography of the book, ‘‘The

Housewife’s Handbook on Selective Promiscuity.’’

I am not a lawyer and am not acquainted with the State

or Federal statutes regarding obscenity and pornography.

I am an active practicing physician, having begun my prac-

tice in 1935, following four years of medical school and

two years of internship. I have attended almost yearly

post-graduate courses and for the past fifteen years, have

limited my practice to the treatment of those diseases

requiring the use of Steroids. I am also certified as an

Internist and Cardiologist as well as Rheumatologist.

47a

Defendants’ Exhibit 15

The use of Steroids in the treatment of Arthritis re-

quires a detailed study of male and female endocrinology.

The word Srerom means “‘like-unto sex hormones.’? The

suffix ‘‘om’’ means “like unto.’’ Sterones are sex hor-

mones; Estrone—female hormone, and Testosterone—male

hormone. Because of my knowledge of this hitherto little

known subject, I have treated many couples and individuals

with pre-marital and marital counselling.

tional arrest of the person reading same. What about the

book is obscene? The use of certain words which are all,

in content, in good taste. Certain parts of the body do

have names, eg. Vulva, clitoris, breasts, nipples, and when

used in content, should excite no unusual curiosity. Certain

verbs which describe an act, such as Fuck, screw, kiss,

menstruate, must be used in content, and certain!y are not

placed in the sentence for pornographic effect.

From the point of view of social acceptance, one may

question the ‘‘good taste’? of describing the frequency and

pleasures of extri-marital relationships, but certainly there

is nothing obscene or pornographic about same.

Lady Chaiterly’s Lover is a delightful unrealistic novel

concerning extra-marita] relations, and the pleasures in-

duced thereby. The book is certainly not obscene or porno-

graphic. Even if one reads between the lines of the implied

act of ‘‘ano penetrato,’’ and the values derived thereby,

it does not make it obscene or pornographic.

I believe the ultimate value lies within the reader, and in

my case, it is ‘‘good or bad”’ taste. I believe Henry Miller

is in bad taste, and I do not enjoy his personal versions of

Sex. No one forces a person to read and a book cannot be

rammed through the visua] parts unto the intellectual] con-

ception zone. It must be a voluntary act.

48a

Defendants’ Exhibit 15

I believe the Post Master General and his representa-

tives deprive me of my inaliable rights, guaranteed by the

Constitution, when he opposes his personal standards of

obscenity and pornography to mine. He tells me that my

standards are not to be trusted and he will exercise his

standards to protect me. I resent this interference with

my rights to exercise my own judgment.

I have seen obscene and pornographic material published

and distributed with only one purpose in mind—to stimulate

any erogenous sex feelings one may have. These include

‘‘French’’ pictures and movies (although most are made

in the U. S. A.), showing the sex act in all its combinations,

many wierd and impossible; ‘‘ Midnight Intimacies’’; and

‘Memoirs of Josephine Mutzerbocher.’’ These I consider

obscene and in very bad taste, but I can quote passages

in the Bible just as descriptive of obscene sex acts. I can

also quote beautiful descriptions of sexual intimacy from

the Bible. eg. ‘‘Song of Song’’, but in very good taste.

Photographic nudes may cross State lines, but not if

pubic hair is shown. If the nudes are painted in oils with

or without pubic hair, there is no barrier to State lines.

I do not know what is meant by ‘‘hard-core porno-

graphy ;’’ I only know what appeals to me. I do not believe

it is possible to define ‘‘hard-core pornography.’’ If it

is detrimental to public morality, then I believe this should

be defined, in order to detect deviations.

Certainly, the ‘‘Handbook’’ could only be considered

pornographic by one with unnatural sex emotions and usu-

ally extremely immature.

The intent of the author is important. Was this written

to be pornography? By what stretch of the imagination

can any part of the Handbook be said to have been written

with this in mind. The same rule can be applied to any

passage in and out of content, and pornography cannot be

found.

: 49a

Defendants’ Exhibit 15

I believe this book is a good one and of inestimatable

value to Society. To my knowledge, I know of at least

thirty divorces which would have continued as successful

marriages if the ‘‘Handbook”’ had been read by either one

or both of the parties. I can recall several families, which

if aware of the contents of this handbook, would not have

been disrupted, but most likely would have developed a

more solid foundation by removing feelings of guilt and

inadequacy.

I hope you win your ease. I also hope that the Hand-

book will stimulate many additional women to write

honestly and truthfully, of their sex experiences, so that

their manifold experiences may lead to broad conclusions

to be used as guides in instructing the young of the present

and next generation. Not only may juvenile sex delinquency

show a marked decrease, but it is possible, the more numer-

ous adult sex deliquents may show some beneficial effects.

I wish you a decisive victory and trust that this com-

munication will be of some benefit towards the successful

conclusion of your case.

Respectfully,

Abraham J. Rosenfeld

ABRAHAM J. RosEnFexp, M. D.

50a

Defendants’ Exhibit 16, Annexed to Foregoing Affidavit

University oF CINCINNATI

Testing and Counseling Center

Cincinnati 21, Ohio

EVALUATION OF

Tue Hovsewire’s Hanpsoox on SELECTIVE PROMISCUITY

1. Professional Background:

A. Degrees:

1. B.A. Degree, Boston University, 1953

Major: Psychology

Minors: Sociology, Philosophy

2. M.A. Degree, University of Maryland, 1956

Major: Counseling Psychology

Minor: Industrial Psychology

3. Ph.D. Degree, University of Maryland, 1957

Major: Counseling Psychology

Minor: Industrial Psychology

B. Certification and Professional Organizations:

Certified Psychologist, State of Maryland—Inactive

Status

Member—American Psychological Association

Member—Division 17, Counseling—A.P.A.

Member—Eastern Psychological Association

Member—Cincinnati Psychological Association

Member—Sigma Xi

C. Employment:

Pre-Ph.D.—Equivalent of two years full-time as a

trainee in Counseling Psychology with the Vet-

erans Administration Hospital, Perry Point,

Maryland

Duties: Vocational-Educational Counseling, Psycho-

therapy, Diagnostic Evaluation

——

5la

Defendants’ Exhibit 16

Post—Ph.D—Two years—Clinical Psychologist,

Veterans Administration, continuing above duties.

Three and one-half years—Chief Counselor and

Assistant Professor of Psychology, University

of Cincinnati

Duties: Counseling and Psychotherapy with col-

lege students as well as occasional children and

adults.

Teaching:

a) ‘‘Counseling and Psychotherapy’’—3%

years

b) ‘‘Psychology of Personality’’—1 semester

¢c) ‘‘Introductory Psychology’’—3% years

d) Practicum Supervision—2 years

2. As Drs. Ebehard and Phyllis Kronhausen state in

their book ‘‘Pornography and the Law’’, it is difficult to

describe in words the major differences between erotic

realism and ‘‘hard core’’ pornography, yet when one sees

them side by side, they are easily distinguishable. Choice

of words, pictures, length of material, subject matter (e.g.,

perversion) are certainly not appropriate criteria. Nor is

emotional response, since a prerequisite of normal sex is

physical and emotional responsiveness. Intent is the most

frequently applied legal criteria and, as I understand the

Supreme Court’s decision, a judgment must be made

whether or not the, book was intended solely as ‘‘dirt for

dirt’s sake’’ with no other purpose or value to society

in mind. It is, of course, impossible to read the author’s

mind in this matter and each of us must set up some of our

criteria. If it is important to society (a debatable point)

that we eliminate books which are written for ‘‘dirt’s sake’’,

then we must do all possible to preserve those which are not

80.

52a

Defendants’ Exhibit 16

As I read a book to make this judgment, I apply sev-

eral mental criteria. 1) Did the author use a ‘‘four letter’’

word when a more acceptable word would have conveyed

the four letter vernacular. For example, in Henry Miller’s

book ‘‘Tropic of Cancer’’ the word ‘‘vagina’’ could never

communicate the contempt in which he held women as did

the four leter vernacular. Also, the vernacular is the

common, accepted vocabulary to many groups of people

(which, unfortunately, includes many children since parents

frequently refrain from teaching them proper terminol-

ogy), and for an author to place more ‘‘high level words”’

in their mouths is unrealistic. So point one is ‘‘did the

author have to use the word he did to convey his message?”’

2) How lavishly does the author describe his sexual scenes?

In ‘‘hard core’’ pornography the author typically goes into

considerable minute detail in describing the performance

of the characters. Many times the fantasy includes acts

and actions which are physically and anatomically impos-

sible. For example, impossible sexual positions, exagger-

ated sex organs or belavior of such organs, etc. To the

educated, these actions lost their erotism by the very nature

of their absurdity. 3) Every sexual performance brings

supreme ecstasy, even to the victim who initially may show

fear but is soon won over. Sex is good, but it is not always

quite as good under all conditions as these authors would

have us believe. 4) Is the book dull? Not very scientific,

I’ll admit, but frequently a very appropriate final criteria.

Again, I agree with Drs. Ebehard and Phyllis Kron-

hausen that ‘‘contemporary national standards’’ are so

broad that they make a meaningless criterion. In my evalu-

ation presented below, I shall be primarily concerned with

whether or not the book is a) ‘‘dirt for dirt’s sake’’; b)

consistent with my above criteria; and c) of any other

value to society.

3. By either my above standards or the Supreme Court’s

decision, I cannot consider this book pornographic. In the

58a

Defendants’ Exhibit 16

first place, the author’s use of the vernacular seems entirely

appropriate and reflects the important point that children

quite frequently have no other vocabulary with which to

deal with such matters. In reflecting her chronological

growth the author immediately changes over to more ap-

propriate vocabulary with occasional, appropriate return

to more common language. Second, her descriptions of

her sexual experiences are presented in detail but are not

embellished or exaggerated. Furthermore, the acts and

actions, described are even more limited than one might

find in the sex history of many normal couples.

On the third point, the author is quite emphatic several

times in the course of the text that some sexual experiences

have a minor effect on her or none at all. There appears

to be no attempt to suggest all sex acts are the height of

ecstasy.

4. I believe this book has two definite basic values to

society. First of all, I feel itis a very valuable case history

to the student of sex behavior and to the counselor or thera-

pist that must deal with sexual problems of patients. Since

a good number of my clients are young women, many in the

throes of dealing with their sexual feelings, I had felt I

did not have too much to learn in this area, but Mrs. An-

thony’s book proved me wrong as I’m sure it will many

other ‘‘experts’’.

Secondly, I definitely feel this book would be useful in

‘‘bibliotherapy’’ with certain clients who were ready to deal

with their feelings at this level. Because of the lack of

communication about sexual experience among women, I am

always amazed at how little they know of the normality or

abnormality of their feelings in this area. Men are fre-

quently more fortunate since their discussions are usually

much freer. An example of much feminine ‘*ignorance’’

would be the number of girls I have seen who are convinced

they are the only females who have ever masturbated. Mrs.

54a

Defendants’ Exhibit 17 ;

Anthony’s book could help considerably to alleviate re-

sulting’ feelings of guilt in such cases.

I trust this opinion will be of value to you in facing '

your indictment. To summarize my impression: Not

Pornographic.

Richard P. Walsh

Ricwarp P. Watsu, Px.D.

Chief Counselor and

Assistant Professor of

Psychology j

Defendants’ Exhibit 17, Annexed to Foregoing Affidavit

SamMveEL Baron, Px. D

310 West 86th Street

New York 24, N. Y.

ENdicott 2-2891

March 6, 1963

Mr. Ralph Ginzburg

% Documentary Books, Inc.

110 West 40th Street

New York 18, N. Y.

Dear Mr. Ginzburg:

I am a clinical psychologist and psychoanalyst.

Mrs. Anthony’s book is a forthright, ingenuous account

of the sexual development of a woman who, from early

childhood on, showed a remarkable need to be completely

honest with herself. Parents and educators, in their at-

tempts to teach facts about life, would do well to emulate

the freedom from that usual shame-faced inhibition which

tends only to an evasion or an obfuscation of issues.

It is precisely this shame-facedness that lays the basis

for obscenity from which the book is singularly free. The

; Defendants’ Exhibit 18

55a

author uses the vernacular obviously only because that was

the actual language in which sex was introduced to her.

The word ‘‘coitus’’ is no less obgene than its vernacular

equivalent just because a Latin facade tries to hide its

meaning.

One of the greatest values of the book lies precisely

in this wholesome tearing down of all false facades, and

thus helping to establish a freedom from the crippling,

stultifying constrictions that only make for mental illness

' and neuroses.

Sincerely yours,

Samuel Baron

Samve. Baron

Defendants’ Exhibit 18, Annexed to F oregoing Affidavit

Unversity or Inurnors Liprary

Urbana, Illinois

March 5, 1963

Mr. Ralph Ginzburg

Editor & Publisher

Kros Magazine, Ine.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I have just completed reading Rey Anthony’s The

Housewife’s Handbook on Selective Promiscuity, published

by Documentary Books, Inc. I understand that the book

was issued several years ago, but it had not previously

come to my attention.

This is a book that Dr. Alfred Kinsey, Havelock Ellis,

and Sigmund Freud would have thoroughly appreciated

and for which they would have been grateful. The tragedies

and joys of being a woman have never been more honestly

stated, in straightforward, unpretentious, yet appealing

d6a

Defendants’ Exhibit 19 ,

language. One can only feel deep sympathy for the heroine

of this autobiography as she seeks to understand her own

nature and personality, and searches for happiness for ‘

herself and others. In my view, the book would be an ex-

tremely valuable document for every womar to read, to

give her a better understanding of her own psychological

problems, and for every man—especially every husband—

to give him a clearer insight into feminine mentality. I

believe that it could do much to dispel ignorance, bring

about better adjustment between the sexes, and reduce }

marital unhappiness.

With best wishes,

Sincerely yours,

R. B. Downs

Dean of Library

R. B. Downs

Administration

RBD:RD

Defendants’ Exhibit 19, Annexed to Foregoing Afhdavit

Harry Bensamin, M.D.

New York and San Francisco

December 31, 1962

Office Address:

44 Kast 67th Street

New York 21, New York

REgent 7-0770

Mr. Ralph Ginzburg

% EROS

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

In connection with your publication of ‘‘The House-

wife’s Handbook of Promiscuity’’, I would like to say that

57a

Defendants’ Exhibit 20

I know this ‘‘confession’’ and consider it a most valuable

contribution to the science of sexology. I have also found

it useful in certain cases of marriage counselling and would

certainly welcome its publication as a hard-cover book.

Trusting that you will be successful in your plans, I am

Sincerely yours,

Harry Benjamin

Harry Bensamin, M. D.

HB/va

Defendants’ Exhibit 20, Annexed to F oregoing Affidavit

Orzcon Strate Untversiry

Corvallis, Oregon

School of Home Economics

February 26, 1963

Mr. Ralph Ginzburg

% Documentary Books, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I have your letter regarding the question of whether

The Housewife’s Handbook of Selective Promiscuity

should be considered hard-core pornography. Of course

the spelling out of what constitutes “‘hard-core pornogra-

phy’’ would be different as different persons define it.

From my point of view, having seen at various times in

the course of my professional career what I have consid-

ered ‘‘hard-core pornography,’’ I do not consider The

Housewife’s Handbook of Selective Promiscuity as such.

The book had come to my attention before I heard from

you and I had purchased a copy of it for use with some of -

58a

Defendants’ Exhibit 20

my students as they developed in their concepts to the point

where I thought they could use it. I have been using it on

a selective basis for the past year or so. I make a point

of selectivity for the inhibitions which surround sex in our

culture are so great that a thoroughly professional and

objective discussion of almost any sex topic is upsetting to

certain persons. I likewise use clinical materials in this

way. I prefer therefore to use a book like The Housewife’s

Handbook of Selective Promiscuity in a selective manner

rather than as a document made available to anyone. I do

expect to continue to use it in my work however.

Perhaps as good a way as any to express my view is

that I gave The Handbook to my daughter and her husband

to read. Their comment was that it was helpful to them,

as it gave them new insights into the sexual feelings of

women. I feel that this is a central feature of the book and

I’m quite satisfied with the fact that they read it.

The author herself is evidently a psychologically con-

fused and I feel an unstable woman, but this so far as the

‘‘pornography”’ issue is concerned is beside the point. In

fact, the book can give discerning readers new insights into

the way in which sex may be integrated into a normal

mature life. I don’t believe either male or female could

read the book with any objectivity and fail to get a clearer

insight into what is involved in mutuality in the sexual

relationship.

The section on communication has tremendously valu-

able insights and is made much more meaningful by the

portion of the book which precedes it.

The ‘‘hard-core pornography’’ approach which features

exaggerated size of genital organs, incest situations, viola-

tions and seductions to the exclusion of any educational

point to be made is not found in this book. I feel that the

Kronhausen’s in their book Pornography and the Law

have done a good job distinguishing between what is ‘‘hard-

core pornography’’ and what is not. I’d like to recommend

the definition in the Kronhausen book to all interested

persons.

__ pceeuamne cc staniet

59a

Defendants’ Exhibit 20

I feel that this book should net be banned from the

mails. If it is, it extends the definition of pornography to

the point where almost any autobiographical or clinical

material could fall under the same ban.

My background includes a Ph.D. from Teachers College,

Columbia and some 35 years during which I have been

dealing with sex education matters, and sexual problems

as an aspect of the counseling arid advisory work I have

done.

T am also the author of the following books in this field:

1. Sex Adjustments of Young Men—Harpers

1940

2. Sex Education as Human Relations—Inor

Publ. Co. 1950

3. Premarital Intercourse and Interpersonal Re-

lations—Julian Press—1961.

I have also written the pamphlets, Understanding Sez,

and Understanding the Other Sex for use in high schools,

as well as a great many articles dealing with sexual mat-

ters. I also teach a seminar for graduate students entitled,

‘*Psychosexual Development through the Family Cycle.’’

I have also spoken frequently at such professional meetings

as the Groves Conference on Marriage and the Family and

the National Council on Family Relations. I was also one

of the main speakers, talking on premarital sex standards

at the North American Conference on Church and Family

sponsored by the National Council of Churches in the

U. S. A. and the Canadian Council of Churches in May,

1961.

Sincerely yours,

Lester A. Kirkendall

Lester A. KirKENDALL

Defendants’ Exhibit 21, Annexed to Foregoing Affidavit

W. A. Buack, M. D.

916 5th Street — P. O. Box 390

Phone SHerwood 2-3247

Marysville, California

60a

February 27, 1963

Mr. Ralph Ginzburg

% Documentary Books, Inc.

110 West 40th Street j

New York 18, N. Y.

Dear Mr. Ginzburg:

Thank you for sending me a copy of Rey Anthony’s

‘‘Tie Hovusewire’s Hanpspook on SELECTIVE PRoMISCUITY”’

for review and criticism. To begin with I think the title

might better be ‘‘THe Diary or a NyMPHOMANIAC”’ or

‘‘Revetations oN THE Intimate Lire oF THE SEXUALLY

IMPULSIVE AND UNRESTRAINED F'EMALE.”’

This book presents a clear, candid, nonpornographic

description of the unfoldment of sex activity in a rather

uninhibited female. It is an excellent chronicle, intelli-

gently written, and shows remarkable logic and scientific

knowlege of the subject of Sex. In my opinion it should

be a most valuable book for students of sociology. It

vividly presents a reliable picture of sex expression in the

aggressive, highly sexed type of woman when freed from

the restraint of our social mores and taboos. As such

I consider this book to be very valuable in its being reliably

descriptive of a definite type of womanhood.

As a physician I find it most important to understand

the basic pattern of people to properly treat their frustra-

tion produced neuroses. This book very cleverly presents

such a pattern in its natural uninhibited expression.

Further, the discussions given enable one to better approach

the building of rapport.

Ree Ei

6la

Defendants’ Exhibit 21

Insofar as pornography or obscenity are concerned I

find that this treatise contains no element of these. It is

an honest and frank narration of the life of a real person

which may be expressive of the lives and thoughts of many

women of this type. But before completely clearing it of

any stigma of pornography I think it well to define what

is meant by Pornocrapny. At the outset I do not know

what is meant by ‘‘hard-core’’ pornography other than just

pornography. In my thinking the word pornography refers

to the crude burlesquing of sexual activities and thought.

I find none of this in this book. Rather, it brings to light

in easily understood lay language many marital problems

the solution of which is very important for domestic tran-

quility and marital understanding.

By way of supporting my right to comment as a physi-

cian I give the following synopsis of my training and ex-

perience. By profession I am a physician doing a general

medical practice including obstetrics and surgery along

with being a medical director for a large international cor-

poration. I hold the degrees of AB (physics), MA (zool-

ogy), and a certificate of completion in education from the

University of California in Berkeley. My M. D. was con-

ferred by Washington University School of Medicine in St,

Louis. I have also taken graduate work in the University

of Southern California Graduate School of Medicine and

in several European hospitals. I taught in the city school

systems of both Los Angeles and San Francisco, served

with the U.S. A. A. F. during World War II and headed a

school for the 4AF, and worked for 20 years as a physician

in 3 continents—Asia, Europe, and No. America. I have

practiced in my present locality for the past 6 years, am

a member of the local Methodist Church serving part of

the time on its official board and have acted as leader for

a youth discussion group. Further, I am the son of a

Methodist minister and as such have long been interested

in moral issues.

62a

Defendants’ Exhibit 22

In conclusion I wish to emphasize that this book is not

pornographic, but it is rather a scholastic treatise on sex

activity and philosophy. In style it is refreshingly frank i

without being smutty. It contains much constructive

information, is technically correct, and offers a good study

of the thoughts and behavior of a definite type of woman-

hood which appears in significant numbers. I recommend

it as required reading for sociology, psychology, and divin-

ity students, and also for study by married couples. I find

no obscenity in the way the author has expressed this f

work, hence I can not understand why you or anyone

else should be indicted for mailing this book.

Sincerely,

W. A. Black, M. D.

W. A. Buack, M. D.

Defendants’ Exhibit 22, Annexed to Foregoing Affidavit

Wuairttrer CoLLece

Whittier, California

Telephone Oxbow 3 - 0771

February 28, 1963

Mr. Ralph Ginzberg, Editor and Publisher

Eros Magazine, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I am pleased for the opportunity to respond to your

request for an evaluation of The Housewife’s Handbook on

Selective Promiscuity. I am Associate Professor of Psy-

chology here at Whittier College. I have a Ph.D degree

in psychology from the University of Nebraska. I believe

Brae eeys os,

63a

Defendants’ Exhibit 22

I reflect the opinion of many psychologists in matters re-

lated to pornography. Totally apart from freedom of the

press, I am of the opinion that documentation of experiences

and/or feelings related to sexual i00tivation has value both

for clinical purposes and for an informed public. It is in

this sense I feel qualified to speak rather than in the sense

of artistic merit or literary achievement.

I do not believe that the Handbook qualifies as ‘‘hard-

core pornography.’’ It seems quite apparent to me that

it’s author did not write with the purpose of stimulating

sexual interests. While I do not believe that the details of

sexual experience can be considered typical of current

standards of behavior as regards sexual morality, the book

certainly does not represent values which are contrary to

those contained in popular literature. Other examples of

contemporary literature, widely available and therefore a

part of mass communication media, are in my opinion

closer to ‘‘hard-core pornography’’ in the sense that they

serve to excite sexual interest (often by omission of de-

tails).

My concept of pornography is implicit in the above re-

marks. To make it more explicit, I would say that “‘hard-

core’’ may be understood to mean a presentation of sexual

materials in such a manner that they seek to excite sexual

motivations rather than inform. Further these materials

contain both in written and pictorial form, direct demon-

strations of sexual acts which are contrary to contemporary

moral code.

The Handbook according to my reading, presents sexual

experiences which are often difficult to document because

women find it offensive to discuss such experiences ‘‘in

public.’? It therefore makes available in a way which is

not true of other clinical or medical literature, reactions

which contribute to our understanding of sexual motiva-

tion. These details of feeling are directly accessible to the

public and can provide in private reading much would is

64a

Defendants’ Exhibit 23

hard to communicate in public conversation, even in a

specifically clinical setting.

Sincerely,

Eugene E. Gloye

Evcene E. Guoye

Defendants’ Exhibit 23, Annexed to Foregoing Afhdavit

(Letterhead of)

State of California

Department of Mental Hygiene

Merropouiran Strate Hosprrau

11400 Norwalk Blvd.

Norwalk, California

Psychology Department

February 28, 1963

Mr. Ralph Ginzburg

c/o Documentary Books, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I am happy to reply to your request for an evaluation

of the book ‘‘The Housewife’s Handbook on Selective

Promiscuity,’’ by Mrs. Rey Anthony. I read the book in

one sitting and found it exceedingly interesting.

The following is the data that you wanted concerning

me and my evaluation of the book:

(1) I have a Bachelor’s Degree in history from UCLA

and an MA and Ph.D. in psychology from UCLA. I am

a member of the American Psychological Association, the

California State Psychological Association, Phi Delta

ia! SDE aves.

65a

Defendants’ Exhibit 23

Kappa (the National Professional Fraternity in Educa-

tion), and I am a very active member in a local Unitarian

Society and am also active in the Pacific Southwest Dis-

trict of the Unitarian Universalist Association; and have

given talks before several Unitarian Universalist churches

and/or fellowships in this area. On occasion I also speak

before PTA’s and other community organizations. I am

employed as a Clinical Psychologist at Metropolitan State

Hospital, Norwalk, California. Also, I have at times been

an evening instructor in /chology at East Los Angeles

College.

(2) I find it very hard to answer the question of what

by ‘‘contemporary national standards constitutes hard core

pornography.’’ Some possibilities present themselves:

(a) I have read some material in which obviously

the author felt that sex was dirty and was trying to

be very sexual, but I have also read material in which

the person thought that sex was dirty and condemned

it. I suppose both of these might be thonght of as

pornographic. I find the latter more objectionable

than the former. For example, I have a book in my

office called The Way of God in Marriage written by

a Mrs. Mary E. Teats, who calls herself the ‘‘Na-

tional Purity Evangelist of the Women’s Christian

Temperance Union and lecturer for the National

Purity Association.’’ This book was written in 1906

and is quite anti-sex, regarding it as dirty. If you

want to call any book pornographic I would call this

one that, because its effect on the sex lives of any who

would be guided by it would be very deleterious. So,

if we want to call any book which regards sex with

guilt as being pornographic this is a possibility.

However, I think we would have to be thorough-going

with this definition.

° ae

66a

Defendants’ Exhibit 23 :

(b) Another possible definition would be one

which regards sex as something totally apart from

interpersonal relations and which describes sexual

relations explicitly. If this is hard-core pornog-

raphy then, I suppose, many sex manuals might be

considered in the same category.

do is to make sure that people, especially young peo-

ple, don’t find out that sex purely and simply can be

a lot of fun and very enjoyable. I suppose if you

wrote about a relationship in which the sensuous

elements were described in considerable detail, and

you took pains to say that the two people involved

were legally married, that this would be objected to

in the way of being pornographic.

I don’t believe this handbook is hard-core pornography by

any of the measures that I have mentioned above, except

that it does imply that sex can be fun. It also, incidentally,

demonstrates that under some circumstances it can be very

much not fun. I think I can elucidate on this more fully

below.

(3) The Value to Society of this Book. I consider the

book the ‘‘Housewife’s Handbook of Selective Promiscu-

ity’’ exceedingly valuable to society. As a matter of fact,

I would think that its impact might well be epic-making on

our thinking. What Mrs. Rey has described is simply the

sex life of a woman, along with those other parts of her

living experiences which have contributed substantially to

this. It is one segment of living, a major strand in the

fabric of a life. To this is added in the second portion state-

ments of her own philosophy. I regard this as socially

valuable from two aspects:

First, from the point of view of its actual usefulness

to professional and non-professional people. I, myself, am

Set seersetcer es

67a

Defendants’ Exhibit 23

a psychologist who works almost exclusively with women.

1 am assigned to wards in which I conduct group therapy,

give mental heaith lectures, and in other ways work with

women who are in various stages of remission from mental

ilmess. 1 deal with women who may be married or un-

married, divorced, separated, etc., and to many of them

sexual matters are often of great importance, as ongoing

adjustments which they must make to men with whom they

relate, as they play their part as mothers of children, and

as persons whose mental illness has been contributed to by

sexual attitudes and sexual behavior which was part of

their growing-up experiences. I have found this book ex-

ceedingly helpful to me (and this is after one reading with-

out further mulling over and application of the book to my

own experience in teaching and as a therapist), in gaining

a greater understanding generally of female sexuality.

Mrs. Anthony portrays in a way I have not seen portrayed

before, the feelings, emotions and needs of a woman in

the sexual sphere. This book has helped me to appreciate

considerably more than I had before appreciated what the

sexual aspirations of a woman may be. In a very real

sense one of the most important features of this woman’s

story is her failure to achieve a long lasting, economically

sound, and satisfying interpersonal and sexual relationship

with a male, in spite of many attempts.

The folklore would have us believe that women, follow-

ing marriage, achieve satisfactory communion with their

mates, including regular, frequent and satisfying sexual

intercourse in the traditional position, with simultaneous

orgasms; and that this continues throughout marriage.

Those of us who work with people’s problems and even

those of us who do not, but have spoken frankly with our

friends about such matters, recognize that the picture the

folklore presents is nonsense and tragic nonsense at that.

I am sure that failure to achieve the ideal relationship is

far more often the rule than the exception, and that Mrs.

68a

Defendants’ Exhibit 23

Anthony is not a particularly deviant individual, but a rela-

tively normal woman as women (and men for that matter)

go in our culture. She is, in fact, possibly healthier than

some because she refuses a life that is merely half living,

and instead of ‘‘adjusting’’ her life to a bad relationship,

insists that she as a person is entitled to sexual fulfillment.

Mrs. Anthony shows in her book the contribution of

many, many factors to the satisfyingness or lack of satisfy-

ingness of a sexual experience. She shows how economic

factors, the presence of children and their activities, preg-

nancy, the tensions surrounding it and the fear of it, con-

tribute to or detract from happy sexual relations. She

shows how the exigencies of the marriage relationship may

affect the quality of a sexual relationship. She shows how

her own attitudes affect her sexual fulfillment. Most of

all, however, she shows the very crucial influence of mascu-

line attitudes and behavior upon the sexual fulfillment of

a woman.

I do not mean to say that I was unaware of these matters

before, but the book has given me a renewed appreciation

of the woman’s part in them. It has also brought to light

the fact that I had suspected, but never fully appreciated,

which is that the female remains a sexual being in spite

of rebuffs and unsatisfactory situations and lack of fulfill-

ment of her sexuality; and, if given a chance, will continue

to strive for fulfillment.

The importance of the clitoris in the female sexual ex-

perience is stressed; I feel this book is part of a continuing

debate among sexologists, male and female, as to what parts

of the female anatomy are the source of female sexual

satisfaction, and under what circumstances—a debate,

which, in my opinion, may have the outcome of helping

women in general achieve greater sexual fulfillment.

In the second place, I see this book as being socially

valuable because it contains an enormous and very pro-

69a

Defendants’ Exhibit 23

found social message. There are, in fact, two messages

interwoven.

The first message is that if we are ever to make prog-

ress in sexuality, sex must be talked about explicitly and

in detail, including feelings and sensations which are part

of the experience. It is apparent from the experiences Mrs,

Rey relates and puts into this book that much of the diffi-

culty she encountered was a result simply of people not

knowing about sex and therefore of their operating on

prejudices, because sex and sexual experiences had not been

talked about. A major burden of this work is that sexual

experiences can and ought to be talked about, and talked

about, as well as written about in whatever language one

chooses, and however one wishes to express it. Patently,

this is the only way that we can bring sex out into the open

and make it a socially useful part of our human experi-

ence.

The second message is essentially a plea for society’s

tolerance of variations and experimentation in the realm

of sexuality. Mrs. Rey is saying that if we are ever

to discover what sexual fulfillment means, we must rid

ourselves of the prejudice that there is one particular con-

ventionalized way of carrying on sexual relations, and that

anything else is evil. Mrs. Rey rightfully and realistically

indicates that such experimentations are not necessarily

always fulfilling, but she does make a strong argument

for the concept that there must be tolerance for doing

things in somewhat different ways outside of the conven-

tional framework if we are ever to solve the enormous

sexual problems to which our society is heir, and discover

what is best in the long run for people. Inasmuch as we

are already engaged on every hand in all kinds of inter-

personal experimentations, including the sexual—whether

legally or illegally—I would strongly support Mrs. Rey’s

implicit doctrine and suggest that we ought to recognize

70a

Defendants’ Exhibit 23

that the last thing has not been said about sexuality and

that much more needs to be done and thought about and

talked about concerning sexual functions and sexual needs.

I see that Mrs. Rey may be, especially if she identifies

herself and desires it, a part of a crusade in a tradition of

Susan B. Anthony, Margaret Sanger, and many other

women in the past who are involved in a cause related to

the welfare of her sex. This time the cause would be that

of a sane view of sex and the toleration of an honest and

open approach to it, a cause which I for one would firmly

support.

In short, I find Mrs. Rey’s book an extremely valuable

book. I should like to recommend it, for example, to the

people in my church to read, especially those who are

having marital difficulties, in order to increase their toler-

ance and understanding for one another. Much of the

book, I should think, would be very suitable reading, for

teen age people, especially teen age young women who

could empathize strongly with the growing up period that

Mrs. Rey relates, and could read on and be disabused of

some of the unrealistic notions about marriage and sexual

experiences. I should think this would make very good

reading for the average man to help him gain a better ap-

preciation of female sexuality.

I hope, Mr. Ginzburg, that I will not need to be called

upon again to comment upon a book for the purpose for

which you are asking these remarks, although I am per-

fectly willing to do so. If what I have written or material

like it is used in court, then I object in principle to what is

implied by this, although under the circumstances you may

use what I write, of course. In a sense, I am being

part of a large board of censors who are attempting to

determine what people may or may not read. Even if the

book under discussion were thoroughly pornographic—by

whatever definition you want to use—I think people should

be allowed to read it; nobody, in my opinion, should have

-—

a right to be a censor over the minds of men. Anything

else makes a mockery of freedom of speech and press—one

of our most fundamental liberties,

71a

Defendants’ Exhibit 24

Sincerely yours,

Jesse H. Harvey

Jesse H. Harvey, Ph. D.

Clinical Psychologist

Defendants’ Exhibit 24, Annexed to Foregoing Affidavit

Universiry or ARKANSAS

Medical Center

Little Rock

Department of Psychiatry

March 5, 1963

Mr. Ralph Ginzberg

Eros Magazine, Ine.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzberg:

I reply to your request for a statement regarding Rey

Anthony’s ‘The Housewifes Handbook on Selective

Promiscuity’’,

1. Academic degrees and professional attainments.

S. degree from George Washington University; M. A.

and Ph. D. degrees in Clinica] Psychology from The

Catholic University of America, Washington, D. C. Twelve

years experience in clinical psychology, presently As-

sociate Professor and Senior Clinical Psychologist, The

University of Arkansas Medical Center, Little Rock, Ark.

(For additional data see ‘‘American Men of Science’? and

‘‘Who’s Who in the Southwest’’.)

72a

Defendants’ Exhibit 24

2. What constitutes ‘‘hard-core pornography’’ by con-

temporary national standards?

If we could define what is meant by ‘‘contemporary

national standards’’, we could answer the question. But

the phrase cannot be defined. It cannot be defined simply

because it refers to an agglomerate. The American popula-

tion is divided into many publics, each with its own charac-

teristic attitudes and values, hence each with its own stand-

ards. For example, there is a male public and a female

public; a Democratic public and a Republican public; a

Protestant public, a Catholic public, and a Jewish public;

there is a public of persons who have only a grammar

school education, a public of college graduates, and a public

of professional school graduates; there is a public of chil-

dren, a public of teen-agers, and a public of adults; there is

a public of voters and a public of non-voters. The stand-

ards for each of these publics are their own, with little

overlap among them. Thus it is impossible to arrive at

any definition of a composite set of standards. It is like

being shown a barrel of oranges, apples, lemons and ba-

nanas and then being asked the question, ‘‘What is the

common fruit in this barrel at the present time?’’ This

question cannot be answered; it is illogical.

3. Is the ‘‘Handbook’’ hard-core pornography?

If we distinguish hard-core pornography from sexual

realism, the Handbook is not hard-core pornography. It

is sexual realism. Personal documents that are authentic

and honest have always been accepted in law and in the

social sciences as basic realities. If the ‘‘Handbook’’ meets

the requirements of authenticity and honesty then it must

be accepted as realistic, even sexually realistic. In my

opinion it is exactly that, a sexually realistic personal

document.

—

73a

Defendants’ Exhibit 25

4. Does the book have social values for society?

Unless we assume that ignorance is bliss, any contribu-

tion to knowledge has positive values for society. Our

democracy is founded on the premise of an educated and

informal citizenry. Ignorance retards the effectiveness of

our democracy and hinders the development of the social

institutions that are designed to serve it, e. g. elections, mar-

riage, the law. There is much ignorance about actual

sexual behavior in this country, particularly about the

actual sexual-psychological experiences of girls and

women. This book dispels a part of that ignorance, hence

has positive value for our democratic society which has

always placed a high premium on truth.

I wish you well on the outcome of the pending trial

against you and the Handbock.

Sincerely,

S. J. Fields, Ph. D.

Swwney J. Frevps, Ph. D.

Associate Professor and

Senior Clinical Psychologist.

SJF/cab

Defendants’ Exhibit 25, Annexed to F oregoing Affidavit

Rocer J. Cartanan, Ph, D.

17000 West Eight Mile Road

Southfield, Michigan

January 31, 1963

Mr. Ralph Ginzburg

Documentary Books

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

Dr. Albert Ellis, of New York, informs me that you

have been indicted for publishing ‘‘The Housewife’s

Handbook’’.

—_—

74a

Defendants’ Exhibit 26

I am very sorry to hear about this because the book im-

pressed me as being non-obscene and a valuable contribu-

tion to the literature. The book does a lot to correct a

good many superstitions about sex and also offers a valu-

able case history.

I certainly hope you will be able to continue to dis-

tribute this fine book.

With all good wishes, I remain

Sincerely yours,

Roger J. Callahan

Roger J. CautLanan, i?. D.

RJC/Ira

Defendants’ Exhibit 26, Annexed to Foregoing Affidavit

Harotp H. Saxton, M. D.

Mayville, New York

February 15, 1963

Mr. Ralph Ginzburg

Documentary Books, Ine.

110 West 40iu St.

New York 18, N. Y.

Dear Mr. Ginzburg,

I have been a practicing physician in a village and rural

area for 31 years. I received my degree of M. D. in 1930

from the University of Buffalo Medical School. I have

been a General Practitioner.

My definition of pornography is: any publication or

material, verbal or pictorial, intended to arouse sexual

desire. What, you may ask, is wrong with that? The

future of the human race depends entirely on the fact that

people have sexual intercourse, resulting in pregnancies

ale

and babies. Any antipornography should be the greatest

crime in history, because it would tend to diminish the

chance of the survival of our species. Have you heard of

the Shakers?

, I have read ‘‘The Housewife’s Handbook on Selective

Promiscuity’? by Rey Anthony. This little book is Nor

pornography. I read the book with sympathy for the

author. She has had a difficult task to establish her sexual

position in society, but she did not arouse any feelings

in me that I had not experienced before. I sympathized

with her problems and difficulties, and hoped that she would

eventually come out all right. The book did Not appear to

me to be pornographic.

For many generations we have suffered from a false

attitude toward the sex relations. Not too many genera-

tions ago, the only forbidden material was anti-government.

No one could attack the idea that government was ordained

by God. In 1500 sexual affairs were discussed openly and

honestly. Are we honest today?

I feel that the book mentioned above is a valuable addi-

tion to our scanty knowledge of sex. I am certain that it

should be Requirep Reaprne for all people applying for

marriage licenses,

75a

Defendants’ Exhibit 26

Yours truly,

Haroip H. Saxton, M. D.

76a

Defendants’ Exhibit 27, Annexed to Foregoing Affidavit

(Letterhead of)

Santa Monica City CoLLEcE

Santa Monica Unified School District

March 4, 1963

Mr. Ralph Ginzberg

Editor & Publisher

110 West 40th Street

New York 18, New York.

Dear Sir:

I am glad to respond to your request for supporting

information in the evaluation of The Handbook for I feel

that it is unfortunate that the American public should

be treated as a massive case of arrested development,

perhaps at the fifteen-year level, in need of paternal super-

vision of all its reading.

.. M. S. degree, University of Washington, major in

psychology.

Two years on PhD program at University of California,

Berkeley, ended by draft in 1942.

Psychologist in U. S. Army Air Forces.

Chief psychologist for Guidance Service of Los An-

geles Board of Education.

Instructor in psychology and counselor at Santa Monica

City College for last sixteen years.

Certified psychologist, State of California.

Member of:

California State Psychological Association.

American Psychological Association.

American Personnel and Guidance Association.

Phi Delta Kappa, ete.

77a

Defendants’ Exhibit 27

2. Pornography is indeed a difficult subject to deal

with, so difficult that anybody who sets forth arbitrary lines

is brave to the point of foolhardiness,

From the view of the consumer, anything can be por-

nographie and is if it symbolically excites sexual feelings

and motives. In the extreme, this is called fetishism when

normally neutral objects take on sexual significance through

the learning bistory of the individual. Thus, from this

angle, pornography is entirely relative to the person and

his learned associations. To remove this pornography is

to remove most of the environment.

From the view of the producer, material that is designed

to be salacious, intended to excite the sexual feelings and

motives is pornographic. Thus the deciding factor is the

purpose of the producer. Since anything can be por-

nographic to those who take it so there is no absolute

criterion of the material itself. Thus a decision might

be based primarily on the purpose of the producer, but

secondarily on the success in carrying out the purpose.

If, in fact, such an effort is unsuccessful we may decide

that the producer is morally reprehensible, but not crimi-

nally liable. We may criticize the murderous thought, but

we cannot prosecute the murderer unless the thought is

successfully realized.

‘*Hard-core pornography”’ then is material that success-

fully carries out the intentions of the producer to excite

sexual feelings and motives.

3. The Handbook does not, in my opinion, fit this eate-

gory. It is instead the description of the honest anguish of

a woman groping for sexual fulfillment in a society that

has not solved the conflict between biological drives and

social values. It is unusually candid writing, but it

is not couched in the lurid expressions replete in some

other publications. The title is questionable and if it was

picked to add sales appeal, then it might be considered

78a

Defendants’ Exhibit 27

offensive. However, it is a mistitle and literature about

the book should make this clear.

4. In general, the failure of our society to solve these

basic adjustment problems is in part due to the lack of

information about the specific nature and extent of the

problems, and about the practical day-to-day efforts that

people make to solve them in their personal lives. We have

been blinded by another aspect of cultural lag and the

persistent conservatism of vested interests. The Kinsey

reports pioneered an effort to provide more background

information, but their faults need correction by accumula-

tion of data from such records as the Handbook.

Also, the college counselor faces many occurrences of

these adjustment problems and needs means to provide

reduction of anxiety and guilt feelings, improvement of

perspective on problem situations, and vocabulary for

catharsis. The Handbook is a help in these ways. Wherever

bibliotherapy is of value in improving mature sexual adjust-

ment, The Handbook is useful.

Hoping this note is appropriate, I remain,

Sincerely yours,

Glenn C. Martin

Guienn C. Martin

GCM/s

79a

Defendants’ Exhibit 28, Annexed to Foregoing Affidavit

Darrmoutx Couiece

Baker Library

Hanover, New Hampshire

7 March 1963

Dear Mr. Ginzburg:

Thank you for sending a copy of The Housewife’s

Handbook on Selective Promiscuity by Rey Anthony. This

has been added to the library collections of the College.

You ask my comments about the book in connection with

the action which has been instituted by the Post Office

Department. While I am not a sociologist nor a psy-

chiatrist nor any other kind of expert on human relations

I find no difficulty in accepting the views of such experts

as Drs. Bryan and Frumkin that this particular work has

authenticity and iniportance in explaining behavior, and

in making a serious contribution to the study of the psy-

chology of sex. in consequence, to exclude this book from

the U. S. mails would in my opinion be unjustifiable.

Under ‘‘the contemporary national standards”? test

which the U. S. Supreme Court has laid down, this would

seem a clear case for the defense. Certainly it would

seem an @ fortiori case in jurisdictions which have cleared

Henry Miller’s Tropic of Cancer.

Sincerely,

Ricuarp W. Morin

Mr. Ralph Ginzburg

Eros Magazine, Ine.

111 West 40th Street

New York 18, New York

RWM/ep

80a

Defendants’ Exhibit 29, Annexed to Foregoing Affidavit

Perry Lange, Nyack, New York

March 3, 1963

My dear Ralph Ginzburg:

‘‘The Housewife’s Handbook on Selective Promiscuity”’

is no more pornographic that the average Cook Book with

recipes for omelettes, desserts, ete.

Good luck,

Ben Hecut

Defendants’ Exhibit 30, Annexed to Foregoing Affidavit

MaxweEL.L GEISMAR

Winfield Avenue

Harrison, N. Y.

Feb. 23rd, 1963

Dear Mr. Ginzburg:

I am glad to make a statement about The Housewife’s

Handbook of Selective Promiscuity—and I think the title

is the most misleading thing about the book.

I do not believe this could possibly fall under the head-

ing of ‘‘hard-core pornography’’—this book I mean—nor

is it in my professional opinion a book that falls into the

category of pornography at all.

It is in fact a remarkable case-history in psychological

terms that one could find in any number of scientific or

psychological books being published today, or in Kinsey’s

monumental study of American sexual behavior. The only

difference is that it is told in the first person, and that the

author does use the common sexual terms, rather than the

more elevated scientific terms, in describing her experi-

ences.

I believe in fact that a score of popular novels being

published every day in the year are far more ‘‘porno-

8la

Defendants’ Exhibit 30

graphic”’ in intent than this book under question here. It

is not possibly pornographic because it is filled with real-

ism, with pain and with disappointment—which you do not

find in erotic fantasies—with wisdom and with common

sense. The writer is an unusual woman, to be sure, and

oddly enough one finishes the book with a great deal of

respect for her personality, and for the fact that she honest-

ly believes in her thesis of complete sexual equality, and

descriptions of sexual experience to the so-called *‘marriage

manuals’’ which we entrust to our children, but which often

succeed only in making sexual love so “‘scientific’”’ as to be

Now you can use all or part of this statement, which

I am glad to give you, for the sake of a free press and

free thought in these United States, which also implies

the freedom to discuss sexuality and sexual love as one of

the basic drives in human nature,

I would like to state also that I am making this pro-

fessional opinion without remuneration, or the thought of

remuneration—that is, I am not being, nor do I wish to be

considered as, a paid witness in any way.

four books on this theme: Writers in Crisis, Last of the

Provincials, Rebels and Ancestors, and American Moderns

82a

Defendants’ Exhibit 31

I have edited a score of other books by American

authors, including the Pocketbook Walt Whitman Reader,

the Scribner Ring Lardner Reader, just currently, The

Viking Portable Thomas Wolfe, and the American Century

Sherwood Anderson: Short Stories, ete. I have contributed

to most of the current newspapers and magazines, includ-

ing the New York Times, Herald Tribune, Saturday Re-

view, the Atlantic Monthly, ete. I have a Columbia College

BA, 1931, Columbia University MA, 1932; and have been a

Teaching Fellow at Harvard, a Guggenheim Fellow, and

my books have won an award from the National Academy

of Arts & Sciences.

Sincerely,

Maxwell Geismar

MAxwELL GEISMAR

Defendants’ Exhibit 31, Annexed to Foregoing Affidavit

ExiMo Roper anp AssociATEs

Time & Life Building

111 West 50th Street

New York 20, N. Y.

PLaza 7-4900

March 19, 1963

Mr. Ralph Ginzburg

Eros Magazine, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I don’t know that a letter from me will be of any value

to you whatsoever because, in my opinion, I have no quali-

fications as a judge of pornography. At the same time,

however, I must add that I do not know what would con-

stitute qualifications for a judge of pornography.

83a

Defendants’ Exhibit 32

In any event, however, I do not believe ‘*Housewife’s

Handbook on Selective Promiscuity’’ qualifies under what

I would call pornography.

I think the book is quite boringly written, and I doubt

if it will do society either any good or any harm. It has

a ring of authenticity, however, which makes me believe

that it is exactly what it says it is—a book written by a

woman describing—in terms not usually employed—her

sexual experiences from a very early age to adulthood.

I can see how the book might conceivably do a small

amount of good if it fell into the hands of just the right

type of woman, and I don’t see how it would be apt to do

anyone any harm.

Sincerely yours,

Elmo Roper

Extmo Roper

ER :bf

Defendants’ Exhibit 32, Annexed to F oregoing Affidavit

March 15, 1963

To WxHom rr may Concern:

I am a psychiatrist, married and the father of two

children. In my 15 years of medical practice, I have

worked in psychiatric institutions, out-patient and after-

care clinics and private practice. I am certified by the

American Boards of Psychiatry for the specialty practice

of psychiatry and am a member of the American Psychi-

atric Association.

Having just carefully read the book ‘‘The Housewife’s

Handbook on Selective Promiscuity”’ by Rey Anthony, I

wish to state that, in my opinion, this book contains no

material that could be considered to be “‘Hard-core promis-

cuity.’’ It is my understanding that, by contemporary

national standards, hard-core pornography consists of writ-

ten or pictorial material which is designed to stimulate

84a .

Defendants’ Exhibit 33

sexual imagery or emotions as its primary objective. This

book represents an honest, introspective and searching

effort of the author to portray her life experiences, par-

ticularly in the erotic sphere, as a clinical contribution to

the understanding of feminine psychology. As such it is

of the utmost necessity that the language utilized by in

keeping with the socio-cultural level of the writer, rather

than permit obscuring of the presentation through pre-

tentious or artful distortion of language. Words of them-

selves do not constitute pornography, but rather the way

and the intent with which they are used.

Based upon the above criteria, this book is not por-

nographic. On the contrary, it is a contribution to psy-

chology, and should be of value to some therapists dealing

with people with sexual difficulties. It might also be of

some help to numerous individuals of both sexes who might

be seeking further understanding of the feminine nature.

In my opinion, persons seeking stimulation of sexual

fantasies would have little interest in this book.

Dean R. Arcuer, M. D.

Imola, California

Defendants’ Exhibit 33, Annexed to Foregoing Affidavit

Salt Lake City, Utah

, March 7, 1963

Mr. Ralph Ginzburg

c/o Documentary Books, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I have just finished reading with interest your The

Housewife’s Handbook on Selective Promiscutty.

I have worked as a clinical psychologist for eighteen

years and have had occasion to read at least parts of many

ie ht Peta

ass Sohn

85a

Defendants’ Exhibit 33

papers and books on sex. This particular book certainly

seems less erotic and pornographic than most, if it could

be declared so at all. College boys sometimes obtain and

lend sex literature to co-eds as part of a seduction process,

If this book were so used, it would probably interfere with

attaining the objective. It reads like a straightforward

account and without the erotically intended embellishments

found in many documents,

However, I am sure that the book could serve an erotic

purpose to the very occasional person, just as a certain

specific hair style or voice sound or kind of shoes worn

can sexually arouse the occasionally bizarre person. Just

because the ‘‘ Handbook’’ might have been found to appeal

to some as erotic or pornographic and that, therefore, it

should be banned, would be comparable in my opinion to

banning pictures of black mares because such had been

found to erotically arouse some person or two.

Pornographic material is mildly annoying to me, but

I do not see why such should be denied to those who like

it. So, even if your book might be reacted to as porno-

graphic or erotic by some rare persons, why should they

be denied their little pleasures?

It would seem that most relatively uninformed persons

reading the book might become less pre-oceupied with

eroticism as a result—as common exposure to nakedness

in a culture where it is permitted renders the sight of

the female body less sexually provocative, than would be the

same body when draped.

If at the end of the book there were a statement to

the effect that the author had been a wicked woman who

had met punishment through poetic justice (like in some

books and movies), perhaps the book would then be justified

in the eyes of those who now condemn it.

Very truly yours,

H. B. Hovey

Henry B. Hovey, Ph. D.

86a

Defendants’ Exhibit 34, Annexed to Foregoing Affidavit

Grorce J. Wirrenstein, M. D.

Thoracic and General Surgery

2324 Bath Street

Santa Barbara, California

WOodland 5-3016 or 5-3017

Mareh 5, 1963

Mr. Ralph Ginzburg

c/o Documentary Books, Inc.

110 West 40th Street

New York 18, N. Y.

Dear Mr. Ginzburg:

In response to your request I am happy to tell you

that I have read Mrs. Anthony’s ‘‘The Housewife’s Hand-

book on Selective Promiscuity’’ with great interest. I

have been a physician for 19 years, have several graduate

and postgraduate degrees and am author of 22 medical

papers. In my opinion this ‘‘Handbook”’ is not only not

pornographic, but a very frank and candid description of

the mental, sexual and ethical development of an individual

for whom I can have only the highest respect. I would

have no hesitation in recommending this book to young

couples seeking premarital advice.

I sincerely hope that you will be successful in defending

your cause.

Truly yours,

G. J. Wittenstein

Grorce J. Wirtenstery, M. D.

87a

Defendants’ Exhibit 35, Annexed to F oregoing Affidavit

13 Highgate Westhill

London N. 6

Re.: Rey Anthony’s ‘“‘A Housewife’s Handbook on

Selective Promiscuity.”’

We have found Rey Anthony’s book a deeply moving

human document; not a particularly cheerful one; and

certainly a great disappointment to those who way ap-

proach it hoping to find it a licentious one. ‘tis so

obviously and utterly sincere that for this aione it is a

sort of classic even among autobiographies.

Its special value lies, as far as we are concerned, in

precisely this quality of absolute honesty which pervades

every page of the little book. But it has other merits

as well: one is that it constitutes one of the very rare

autobiographies which are factual and truthful about the

generally hushed-up area of sexual development and ex-

perience. Add to this that the book is written by a woman

which makes it even still rarer and more valuable in this

respect. And this scientific significance of the book is still

further manified immensely by the fact that its woman

author does not so much relate sexual experiences as such,

but within the framework of the accompanying psycho-

logical emotions and physical sensations which she as a

woman underwent in the course of these—in and by them-

selves common and trite enough—events.

From this point of view we can only compare Rey

Anthony’s book with the very few (and for the most part

unpublished) autobiographical works of women which have

come to our attention in the course of research. In fact,

what struck us the most about Rey Anthony’s book was

the astonishing degree of similarity with that material and

its inner consistency with the case history material in our

files relating to the sexual response of women. All of this

88a

Defendants’ Exhibit 35

tends, of course, to confirm the truthfulness and scientific

reliability of Rey Anthony’s account.

As to the problem whether we would consider Rey

Anthony’s book ‘‘pornographic’’, one can only be amazed

that such a question could even seriously be raised about a

work of this kind. The ‘‘Housewife’s Handbook * * * ’’—

and here we believe to be somewhat expert in our opinion—

has absolutely none of the characteristics of ‘‘hard-core

pornography’’; as previously indicated, we do not even

find it particularly ‘‘erotic’’ or ‘‘stimulating’’, even in

those parts which deal more specifically with sexual ex-

perience. Perhaps this is so because in reading the book

one becomes far too involved in the intense human drama

behind the sexual events; or it is because of the almost

scientific ‘‘objectivity’’ with which the author talks about

her sexual experiences, or yet because of a certain moral

decorum, so typically feminine, with which she relates them.

At any rate, we can see nothing pornographic, obscene, or

indecent about Rey Anthony’s book.

As to the question whether Rey Anthony’s book is

within ‘‘contemporary community standards’’, we would

say that the work nowhere exceeds them or offends the

good taste or esthetic sensibility of any reasonable person.

Much of contemporary fiction is much more detailed and

certainly erotically more provicative than this—one is

tempted to say—harmless and innocent, though honest,

autobiography. Even some of the current ‘‘ Marriage

Manuals” are more specific in clinical description and more

‘‘daring’’ in many respects than Rey Anthony’s book.

89a

" Defendants’ Exhibit 36

As psychologists we would recommend the book un-

) hesitatingly to adults and selectively even to adolescents

for its inherent therapentic and educational value.

i) Phyllis C. Kronhausen

, Puytus C, Kronnausen, Ed. D.

t Eberhard W. Kronhausen

Esernarn W. Kronnavusen, Ed. D,

| / Qualifications :

Members: American Psychological Association ; Certified

Clinical Psychologists, New York State and

California State; Specialists in Marriage and

Family Life Education, Teachers College,

Columbia University; ete.

Defendants’ Exhibit 36, Annexed to F oregoing Affidavit

Laurence S. Baker, Pu. D.

62 Waller Avenue

White Plains, New York

WHite Plains 9-8256

ame ame a -

Profession: Clinical Psychologist.

Education: Ph. D. degree in clincial psychology.

Present positions: Private practice, White Plains, work-

ing with children, adolescents and adults; psycho-

therapy and psychological testing; public speaking.

Consultant to several schools.

Associate in Psychology, Intertecna-Interdiscipline in

Technology.

Staff Psychologist, Jennie Clarkson Home for Girls.

90a

Defendants’ Exhibit 36

Professional organizations:

American Psychological Association, member.

New York State Psychological Association, member

Clincial Division, member.

Directory Committee, chairman.

Committee on Relations with Community Mental Health

Boards, member.

Westchester County Psychological Association, member.

Chairman, Westchester Center for Psychological Educa-

tion (Low Cost Services).

President-Elect.

Member, Executive Board.

Former Chairman, Education Committee.

Former Chairman, Professional Services Committee.

New York Society of Clinical Psychologists, member.

Nassau County Psychological Association, founding

member.

Kappa Delta Pi, member.

Phi Delta Kappa, member.

New York Academy of Sciences, formerly member.

March 5, 1963

Mr. Ralph Ginzburg

Documentary Books, Ince.

110 West 40th Street

New York 18, N. Y.

Dear Mr. Ginzburg:

I am happy to supply you with a letter giving my

opinions about the book ‘‘The Housewife’s Handbook on

Selective Promiscuity’’ as you requested. As you know,

9la

Defendants’ Exhibit 36

I have already written to the Post Office Department, the

American Civil Liberties Union, and Senator Jacob Javits,

commenting upon the banning of this book from the mails,

prior to receiving your request.

As I understand the term ‘‘hard-core pornography’’,

it refers to writings the sole purpose of which is to arouse

sexual responses in the reader; books which have other

aims would not fall into this classification. ‘‘Contemporary

national standards’’ I understand to mean that standard

which would be applied by the community at large, rather

than by a specific segment thereof. I believe that under

such standards, hard-core obscenity or pornography would

have to be grossly devoid of any literary merit, fail to

communicate (or rather, fail to try to communicate) any

emotional understanding, and in addition, be completely

devoid of any attempt to communicate the author’s under-

standing of reality. Frankly, I find it hard to conceive of

such a book, but theoretically, they may exist.

In my opinion, the Handbook does not meet such a

standard of hard-core pornography, on several counts.

First, it clearly and definitely is not purely erotic in nature.

The report of the author’s experiences in pregnancy and

delivery, for example, can by no stretch of the most prurient

imagination be called erotic; if anything, they are anti-

erotic in effect. True, these segments of the book may

offend some persons, but so do the Bill of Rights and the

Bible offend some persons. I think that there are other

aspects of this book which would have an erotic effect on

many readers, but it is my opinion that these effects derive

from the quality of the author’s experiences. A sexual

response is a normal and healthy response in many situa-

tions; reading about one person’s sexual experiences,

especially when recounted with the sensitivity and clarity

of the author under discussion ought perhaps to produce

such an effect. But to assume that such an effect is bad,

and that writing which evokes it is pornographic, is to

92a

Defendants’ Exhibit 36

condemn readers to nothing more stimulating or intel-

lectual than the Bobbsey Twins.

I would go a step further to suggest that this book

is indeed a very valuable little piece of writing. It manages

‘to convey to me a sense of how a woman may feel in a

sexual situation which I have not been able to secure at

any previous time. Despite the statement of the Post

Oftice Department sent to Senator Javits and forwarded

to me, that ‘‘competent authority had previously indicated

that the book would not be of value to the public health

or medical profession’’ (and, by implication, the psycho-

logical profession) I have found it most valuable.

Regarding the law itself, it seems to me to be foolish,

at the very least. The ‘‘average person’’ whose opinion is

taken to be decisive, does not exist. ‘‘Community stan-

dards’’ vary; in the community of psychologists to which

I belong, for instance, this book would be received quitd

differently than in the community of PTA parents to which

I also belong. That ‘‘prurient interests’’ would be stimu-

lated in some is of course demonstrated by the fact that the

prurient interests of the Post Office Department and per-

haps some Congressman have been stimulated. But this

does not prove that such is the purpose or aim of the book:

T have found it most difficult to find out something about

how women feei about sexual experience, in words which

carry conviction and a sense of reality. I am very happy

to be able to read this moving book, which seems to be té

a valuable autobiographical document. If public opinion

were to determine what I could read, many of the pro-

fessional books on my shelves weuld be unavailable. I

do not believe that the standard of community acceptance

has any validity to begin with; and I do not believe that

this book should be suppressed even under such standards.

As a matter of fact, I question the total idea of censor-

93a

Defendants’ Exhibit 37

ship, on the basis that one man’s literature is another

man’s pornography.

I hope that this statement is useful to you. Should you

wish any further comment, please feel free to contact me.

Good luck in your case.

Very truly yours,

Lawrence S. Baker

Laurence S. Baker, Pu. D.

Certified Psychologist,

New York State

P.S. As a matter of fact, it seems that a strict reading

of Section 1461 of Title 18, United States Code, amended

by Publie Law 85-796, under which the Post Office Depart-

ment impounded this book, would prohibit writing one’s

Congressmen regarding changing of the law, which seems

ridiculous. L. 8S. B.

Defendants’ Exhibit 37, Annexed to Foregoing Affidavit

Epwarp C. Fax, M. D.

436 Hazen Road

Sharpsville, Pa.

February 27, 1963

Mr. Ralph Ginzburg

Editor & Publisher

Kors Magazine, Inc.,

110 West 49th St.,

New York 18, N. Y.

Dear Sir:

Medically speaking, after thirteen years of practice in

general surgery, I feel ‘‘The Housewife’s Handbook on

Selective Promiscuity’’ is an intensely interesting psy-

chologie study. It should be useful to anyone engaged in

94a

Defendants’ Exhibit 38

marriage counselling. I feel it would do much for women

who, through ignorance, have come to consider themselves

sexually inadequate. There is a constant need for frank

discussion of female sex attitudes.

‘‘Handbook’’ presents material in a form which the lay-

man can understand and which is not hidden in medical

terminology. The sex education it offers is sound and

effective.

The writing in this book does not have the tenor of

pornography but rather that of a straight forward factual

presentation which I feel was the author’s intent.

Yours, truly,

(Signed) E. C. Falk, M. D.

Epwarp C. Faux, M. D.

ECF :BF

Defendants’ Exhibit 38, Annexed to Foregoing Affidavit

Five Parkway

Hanover, New Hampshire

March 11, 1963

Mr. Ralph Ginzburg

Editor and Publisher

Eros Magazine, Incorporated

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

I have received your letter concerning your indictment

by a Philadelphia Federal Grand Jury and your request

for some statement from me regarding my opinions of the

book, The Housewife’s Handbook on Selective Promscuity.

I am happy to give you my opinions of this book. I have

read it with care and interest.

95a

Defendants’ Exhibit 38

May I first preface the statements which follow by say-

ing that I am responding to your request in my capacity as

an individual trained in the field of psychology, not as a

professor of psychology and chairman of the department at

Dartmouth College, my present position and institutional

affiliation. I express this qualification to insure that my

remarks are interpreted as an expression of individual

judgmeut and opinion and bear no relation to the institution

which employs me. Insofar as my professional training

lends any special weight to my statements, let me say simply

that I hold an M.A. and Ph.D. degree in psychology from

Princeton University and have taught psychology for thir-

ten years, nine of them at Princeton and four of them at

Dartmouth. I am a member of a number of professional

societies, including the American Psychological Associa-

tion, and have authored two books in psychology and over

two dozen research papers appearing in various scientific

journals.

My opinion of what constitutes ‘‘hard-core pornog-

raphy’’ in terms of ‘‘contemporary national standards’’ is

clear, at least to me; namely, there is no valid concept of

‘‘hard-core pornography”’’ according to such standards for

‘‘contemporary national standards’’ is a myth until some-

one measures them. Who is to say? What are the cri-

teria? If I had to define what constitutes ‘‘hard-core por-

nography”’ in terms of ‘‘contemporary national standards,’’

I could do so only by example—a rather nonrigorous means

of definition. The example would be the ‘‘dirty comic

books’’ wherein well-known comic strip characters are

depicted tastelessly and blatantly in sexual intercourse. The

book in question here is so far removed from such an

example that I do not see how any reasonable person could

treat them as the same or even remotely similar.

The Housewife’s Handbook on Selective Promiscuity

could be construed as hard-core pornography or porno-

96a

Defendants’ Exhibit 38

graphic (whatever the difference is) by only the most rigid

of moralists—in my opinion. Of course, an extreme moralist

can make any public expression of sexuality pornographic.

I find the book in question a candid, unpretentious, and

honest account of one person’s search for sexual sanity and

meaning in life. The fact that her frankness is expressed

by language unembellished by circuitous idiom and quasi-

technical jargon does not make her account in any sense

pornographic—it simply makes her experiences meaning-

ful to the reader. She writes about sexuality the way many

people experience it—the good, the bad, the confused—all

of it. As a plea for a more naturalistic view of sex and as

a document of sexual experience of unusual honesty, I would

hope that many people would read this book. It is an excel-

lent antidote to the prudery, the dishonesty, and the self-

deception that surrounds sex in this society.

I hope sincerely that your efforts in defending against

the indictment helps insure that the postmaster general is

kept busy in the future delivering the mail—not passing on

the morality of what’s in it.

Sincerely yours,

(Signed) William M. Smith

Witutum M. Smiru

WMS:JAR

—

97a

Defendants’ Exhibit 39, Annexed to Foregoing Affidavit

Tue East Wuairtier UNITED PRESBYTERIAN CHURCH

A Community Church

1244 East Second Street

Whittier, Calfornia

Rosert L, Catpwei, Minister

20 February, 1963

Mr. Ralph Ginsburg

110 West 40th Street

New York 18, New York

Dear Sir:

I have received the copy of the Housewife’s Handbook

on Selective Promiscuity and have read it. (Incidentally,

I ordered a copy some months ago, with a check, and have

not as yet received it.)

As a minister of a large church in an urban community,

with the A.B., B.Th., Th.D., and D.D. degrees, and with

nearly twenty years of professional experience in the field

of pre-iintarital and marital counseling, I have needed such

a book as this Handbook and am grateful that it is finally

available.

For too long sex facts have been disguised in technical

terms. Every book on sex and marriage on my shelves

refers to the ‘‘ genital kiss’’. The handbook plainly puts the

cards on the table and any layman can understand the

terminology. Plain language cannot and does not constitute

pornography, ‘‘by contemporary national standards”’ or by

any Christian standard I know. I find nothing of prurient

or salacious character in the handbook, and shall find myself

referring to it often in my work.

If this Handbook was weighted with descriptions of ab-

normal sex acts, and if it was clearly designed to stimulate

98a

Defendants’ Exhibit 40

the sex drive, I would find it valueless. It seems to me

that such is not the case.

Very sincerely yours,

(Signed) Robert L. Caldwell

Rospert L. CaLpwELu

RLC :mb

Defendants’ Exhibit 40, Annexed to Foregoing Affidavit

Drs. P.G. Avaton anp T.A. Manninea

Cathlamet, Washington

February 22, 1963

Ralph Ginzburg

Eros Magazine, Inc.

110 West 40th St.

New York 18, N. Y.

Dear Mr. Ginzburg,

I sent for this book because of advertising that was sent

to me suggesting that this book was of value for ‘‘marriage

counselors’’. I read the copy you sent me and I feel cer-

tain you would not want my opinion for defense. I feel

that at best this is a shallow attempt at sensationalism.

Actually I agree with the post office authorities. This book

in my opinion is obscene or else just poorly done. To take

the writings of an obviously disturbed person (or else

crafty enough to aim at erotic stimulation) and present

them as a study in female sexual practises is either

poor writing and editing or as the post office claims actu-

ally pornography.

I forbid the use of my name in anyway in relations to

this book except in a critical fashion. Had I known its

contents I would never have purchased it and I have

99a

Defendants’ Exhibit 41

learned a lesson regarding purchasing books through the

mail. Henceforth it will be only from a known house or

at least a known volume.

Sincerely,

Phillip G. Avalon

Puiu G. Avaton, M. D.

PGA /ef

Defendants’ Exhibit 41, Annexed to Foregoing Affidavit

Auan F. Gurrmacuer, M. D.

501 Madison Avenue

New York 22, New York

PLaza 5 - 8800

March 6, 1963

Mr. Ralph Ginzburg

Eros Magazine, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

The reason I did not acknowledge the book on Selective

Promiscuity is that I had a puritanical revulsion to it. I

have never before thrown a book in the wastebasket but

I did and when I tried to retrieve it twenty-four hours

later, it was gone and is either enriching the library of

the maid or the apartment trashman.

I thought the bock was indifferently written and served

no real purpose. It began with a rather elaborate apology

by Ellis and then by the author’s daughter which created

uncertainties in my mind before I read it. When I read

it I had the feeling that some of it might be of value be-

tween the covers of a scientific jour.al but not useful to

100a

Defendants’ Exhibit 42

the lay public. I assumed such thoughts would be of no

value in your struggle with the Post Office Department and

therefore did not commit them to paper.

With cordial regards.

Sincerely yours,

Avan F. GurTMacHER

AFG :mp

Defendants’ Exhibit 42, Annexed to Foregoing Affidavit

Princeton University Liprary

Princeton, New Jersey

Wuusam §S. Drx, Librarian

February 15, 1963

Dear Mr. Ginzburg:

You have sent me a copy of a book entitled The House-

wife’s Handbook of Selective Promiscuity, together with a

letter in which you ask several questions. Having exam-

ined the book, I must reply to your questions as follows:

1. I hold a Ph.D. in English from the University of

Chicago and thus presumably have some professional train-

ing for judging the literary merit of a book. I have no

professional qualifications whatsoever for judging the

sociological or medical value of a book.

2. I decline to attempt an interpretation of the phrase

‘‘hard-core pornography’’ as used by the Supreme Court.

My own personal test goes something like this: A book is

pornography if the only possible reason for its publica-

tion is pornographic. That is, if a book contributes noth-

ing to scientific knowledge, if it has no literary value, etc.,

etc., and its primary ingredient is sex, I suspect it of being

pornographic.

3. In my opinion, the Handbook is pornographic. I

am confident that it is absolutely without literary merit,

and I suspect that it has no scientific merit, ete. ete.

10la

Defendants’ Exhibit 43

4. In my opinion this book is completely without value

to society.

I am returning the book to you by Railway Express.

Yours truly,

Wim S. Drx

Mr. Ralph Ginzburg

% Documentary Books, Inc.

110 West 40th Street

New York 18, New York

Defendants’ Exhibit 43, Annexed to Foregoing Affidavit

February 19

Woopstock CoLLEGE

Woodstock, Maryland

Dear Mr. Ginzburg:

I am of no use to you in your legal situation. By my

profession, as a priest, I am forbidden to intervene in any

way in actions at law.

I am therefore free to take the question at a higher

level. The question then is not whether your book (yours

by adoption) should be allowed to go through the mails.

The question is the value of your book.

I read it. Its value is obviously zero. Its theme (in so

far as it has a theme) is banal and nugatory. We all know

that sex is mysterious and that the mode of initiation into

its mystery is, for that reason, difficult, and for that rea-

son, often botched. This is not news.

The techuique for the development of the theme (Rey

Anthony’s clinical description of her sexual experiences)

is irrelevant, superfluous, ineffective, and in the end bor-

ing.

The book therefore has no value, no public value. In

consequence the issue of ‘‘obscenity,’’ in some legal sense,

102a

Defendants’ Exhibit 44

is trivial. The real issue is, whether the book is stupid. I

think it is.

Your legal situation is interesting. The question is,

whether you are to be indicted as a knave or a fool. These

are not indeed legal terms. But they state the issue at a

level more profound than the level of law. For my part,

oddly enough, I tolerate knaves more readily than fools.

Especially fools who want to make money out of stupidity.

As I presume you do. You surely are not so stupid as to

tell me that you publish Eros out of sheer love of the

truth, and beauty, and goodness. There are limits even

to rationalization. You know you have a market.

Faithfully yours,

John Courtney Murray, S. J.

Joun Courtney Murray, S. J.

Defendants’ Exhibit 44, Annexed to Foregoing Affidavit

SwARTHMORE COLLEGE

Swarthmore, Pennsylvania

February 20, 1963

Mr. Ralph Ginzburg

% Documentary Books, Inc.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

This is in reply to your letter about Rey Anthony’s book.

As a psychologist, I am in no way qualified to take a stand

on the matter. I am an experimental psychologist and do

not deal professionally with social problems.

103a

Defendants’ Exhibit 45

Speaking as an ordinary observer: I see no merit in

Mrs. Anthony’s book. As a literary product, I find it quite

repulsive and as a social document, unnecessary.

Sincerely,

Hans Wallach

Hans WatiacH

Professor of Psychology

HW:dj

Defendants’ Exhibit 45, Annexed to Foregoing Affidavit

MassacHusetts Institute or TECHNOLOGY

Cambridge 39, Massachusetts

the Libraries

13 March 1963

Mr. Ralph Ginzburg

% Documentary Books, Ine.

110 West 40th Street

New York 18, New York

Dear Mr. Ginzburg:

You asked for my evaluation of The Housewife’s Hand-

book on Selective Promiscuity.

I think this book is pornographic in intent and in execu-

tion and should not be available to the general public. If

it is a medical document of importance it should be made

available to doctors in the usual way.

I am convinced that the author and publishers of this

book have as their only intent the making of money by ex-

ploiting the baser sides of human nature. They should be

put in the same category with purveyors of dope and

prostitution.

Very truly yours,

William N. Locke

Wii N. Locke

Director of Libraries

104a

Defendants’ Exhibit 46, Annexed to Foregoing Affidavit

Rosert CusHMAn Murpiy

‘‘Briarlea,’’? Old Field

Setauket, L.L, N.Y.

23 February 1963

Mr. Ralph Ginzburg

110 West 40th Street

New York 18, N. Y.

Dear Mr. Ginzburg:

Thank you for your letter and Rey Anthony’s book. I

had already noted with satisfaction that the Civil Liberties

Union had associated itself with your defense against Post

Office censorship.

I am a biologist, not a physician. I hold a Bachelor’s,

Master’s and two doctoral degrees. Now retired, though

still engaged in research, I have been successively or con-

temporaneously a university teacher, president of a bio-

logical laboratory engaged in genetic research, and staff

member of a natural history museum.

My conception of ‘‘hard-core pornography’”’ is published

matter which has no other purpose than to entertain by de-

scriptions of sexual aims, acts and relationships.

Mrs. Anthony’s book by no means fulfills this definition.

It contains matter of broad biological and sociological

value. The welfare of most adults would be bettered by a

knowledg

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