Logourl black
From our private database of 14,200+ case briefs...

Kingsley Books, Inc. v. Brown

United States Supreme Court
354 U.S. 436 (1957)


Facts

Under § 22-a of the New York Code of Criminal Procedure, a city official may file for an injunction to prevent the distribution of obscene and lewd materials. After the official files for the injunction and gives notice to the distributor, there must be a trial within one day to adjudicate whether the material is obscene. Afterward, a permanent injunction enjoining the dissemination of the material may be granted. Kingsley Books, Inc. and other bookstore owners (defendants) sold a series of lewd books under the general title of Nights of Horror. A city official (plaintiff) filed for an injunction to enjoin the future sale of the books and destroy any existing copies. The defendants did not contest the filing. The trial judge found that the books were obscene and enjoined the future distribution of the books. However, the judge refused to enjoin the future distribution of subsequent issues in the Nights of Horror series, finding that such an injunction would be an unconstitutional prior restraint on speech. The defendants appealed the injunction.

Rule of Law

Issue

Holding and Reasoning (Frankfurter, J.)

Dissent (Brennan, J.)

Dissent (Douglas, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.