Case library · Banned
The Fetish Paperbacks
Mishkin v. New York (1966)
Charge: Publishing, hiring others to write, and possessing for sale obscene booksCourt: U.S. Supreme CourtState: New YorkDocket: Banned
The facts
A man ran a business producing cheap paperbacks sold at high markups. About fifty books were involved, many about sadomasochism, fetishes and lesbian sex. He told his writers to make the books 'full of sex scenes', described 'rough' and 'bluntly'. He was convicted, sentenced to three years and fined $12,000. He argues the books cannot be obscene because the legal test asks whether they appeal to the prurient interest of the average person, and an average person would find such material repellent, not arousing.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Mishkin v. New York, 383 U.S. 502 (1966)
Read more at supreme.justia.com. The source reveals the outcome.