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Mishkin v. New York

United States Supreme Court
383 U.S. 502 (1966)

Written by Mary Phelan D'Isa, JD

Facts

Mishkin (defendant) was convicted of violating a New York criminal obscenity law for publishing, hiring others to prepare, and publishing with intent to sell obscene books. Mishkin appealed the conviction, arguing that because the books did not appeal to a prurient interest of the average person in sex and did not stimulate the erotic but instead disgusted and sickened, they did not meet the prurient-appeal requirement of the Supreme Court’s definition of obscenity.

Rule of Law

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Issue

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Holding and Reasoning (Brennan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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