| Rosen v. United States | |
|---|---|
 | |
| Argued October 29, 1895 Decided January 27, 1896 | |
| Full case name | Lew Rosen v. United States |
| Citations | 161U.S.29 (more) 16 S. Ct. 434; 40L. Ed. 606; 1896U.S. LEXIS 2135 |
| Holding | |
| The Court upheld the conviction of the defendant to 13 months hard labor and a fine of$1 for allegedly using theUnited States Postal Service to send material that was deemed "obscene,lewd andlascivious". | |
| Court membership | |
| |
| Case opinions | |
| Majority | Harlan, joined by Fuller, Field, Gray, Brewer, Brown, Peckham |
| Dissent | White, joined by Shiras |
Rosen v. United States, 161 U.S. 29 (1896), was a case decided by theUnited States Supreme Court dealing with the concept ofobscenity. In a decision written byJustice Harlan, the Court upheld the conviction of the defendant to 13 months hard labor and a fine of$1 for allegedly using theUnited States Postal Service to send material that was deemed "obscene,lewd andlascivious".
It had been alleged that the defendant had, on April 24, 1893, within theSouthern District of New York:
unlawfully,willfully, andknowingly deposit and cause to be deposited in the post office of theCity of New York, for mailing and delivery by the post office establishment of theUnited States, a certain obscene, lewd, and lascivious paper, which said paper then and there, on the first page thereof, was entitled 'Tenderloin Number, Broadway,' and on the same page were printed the words and figures following, that is to say: 'Volume II, number 27; trademark, 1892; byLew Rosen;New York, Saturday, April 15, 1893; ten cents a copy, $4.00 a year in advance,' and thereupon, on the same page, is the picture of acab, horse, driver, and the figure of a female, together (underneath the said picture) with the word 'Tenderloineuse,' and the said paper consists of twelve pages, minute description of which, with the pictures therein and thereon would be offensive to the court and improper to spread upon the records of the court because of their obscene, lewd, andindecent matters, and the said paper, on the said twenty-fourth day of April, in theyear one thousand eight hundred and ninety-three, was enclosed in a wrapper, and addressed as follows, that is to say: 'Mr. Geo. Edwards, P.O. Box 510,Summit, N.J.' -- against the peace of the United States and theirdignity, and contrary to the statute of the United States in such case made and provided.[1]
The defendant, Lew Rosen, had been found guilty and appealed his conviction, arguing that the material thegrand jury had found to be obscene had not been specifically identified on the record.
The Supreme Court upheld the conviction. Writing for the Court,Justice Harlan found that because the paper in question had been admitted into evidence and the defendant had not objected, and because he could have requested abill of particulars that described the paper but chose not to, the indictment sufficiently informed the accused of the nature and cause of the accusation against him.[2]
Justices White andShiras dissented.
