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United States v. Dennett

39 F.2d 564 (1930)

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United States v. Dennett

United States Court of Appeals for the Second Circuit
39 F.2d 564 (1930)

Facts

Upon deciding the materials available for teaching her sons about sex were inadequate to the task, Mary Ware Dennett (defendant) wrote a pamphlet entitled “Sex Side of Life.” Dennett’s pamphlet used proper terminology for sex organs and sex functions. Dennett said she tried to avoid dogmatism regarding moral aspects of sexual relations, and the pamphlet rejected the idea of the sex impulse as a base passion, treating it as normal and its satisfaction as a great joy when accompanied by love between two people. The pamphlet warned against perversion, venereal disease, prostitution, and promiscuity. Dennett shared the pamphlet with friends to use in educating their children, and the owner of the Medical Review of Reviews later published it. Dennett also separately sold some 25,000 copies of the pamphlet. Dennett was indicted under a federal law prohibiting the mailing of obscene, lewd, or lascivious material. The charge was based on Dennett’s mailing of a copy to a married woman. Dennett was convicted of mailing obscene matter and filed an appeal.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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