Hamling v. United States

William Hamling, Earl Kemp, Shirley Wright, David Thomas, Reed Enterprises, Inc., and Library Service, Inc. (collectively, Hamling) (defendants) were indicted for using the mail to distribute obscene materials in violation of 18 U.S.C. § 1461. Specifically, Hamling used the mail to distribute a book called The Illustrated Presidential Report of the Commission on Obscenity and Pornography and advertisements soliciting book orders. The advertisements contained pictures depicting various sexual acts. At trial, the jury was instructed on the then controlling Memoirs standard for obscenity. One of the instructions stated that the jury was to judge obscenity based on community standards generally held throughout the nation regarding sex and sex-related matters. The jury convicted Hamling of the counts associated with the advertisements but was unable to reach a verdict on the counts related to the book, prompting the district court to issue a mistrial on those counts. The court of appeals affirmed the convictions for the advertisement counts. Shortly after the court of appeals’ decision, the Supreme Court issued its judgment in Miller v. California, establishing a new obscenity standard. The court of appeals denied rehearing to consider the impact of Miller on Hamling’s case, and Hamling appealed to the Supreme Court.