Supreme Court Lifts Ban On 2 Nudist Magazines, Evening Star (Article, January 1958)

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Supreme Court Lifts Ban On 2 Nudist Magazines

By Howard L. Dutkin

Star Staff Writer

The Supreme Court yesterday lifted a Post Office Department ban on issues of two nudist magazines and a homosexual periodical, apparently on grounds the publications were not obscene.

In reversing lower courts findings that the ban was justified, the high court, in two one-paragraph opinions, merely cited its past ruling in the Roth case.

That ruling set as a standard for determining obscenity "prurient interest" aroused by the dominant theme of the publication taken as a whole.

The Roth case dealt with violation of Federal criminal statues against the mailing of obscene matter. Yesterday's cases had to do with an administrative refusal to accept the publications for mailing with no criminal penalties attached.

The nudist publications at issue were Sunshine and Health and Sun Magazine, both publications featuring articles on nudism and photos of both sexes disporting themselves unclothed. Both are published at May's Landing, N.J.,

The third magazine is entitled "One, the Homosexual Magazine." It is published in Los Angeles. Counsel for the magazine had argued it is devoted to serious discussion and analysis of the problems of homosexuality.