United States v. One Book Entitled Ulysses
United States Court of Appeals for the Second Circuit
72 F.2d 705 (1934)
- Written by Angela Patrick, JD
Facts
The federal government (plaintiff) seized a copy of a book written by James Joyce entitled Ulysses (defendant) as it was being imported into the United States. The government claimed that the book was obscene in violation of The Tariff Act of 1930 and began forfeiture proceedings. The book’s publisher (defendant) intervened and argued that the book was not obscene. It was undisputed that the book was a literary work that followed the inner thoughts of several people over a set time period. It was also undisputed that certain portions of the book contained obscene thoughts by the characters. However, the trial court looked at the book as a whole and determined that, overall, it did not tend to excite sexual impulses or lustful thoughts. Rather, the book’s overall effect was to provide a powerful and tragic commentary on people’s inner thoughts and lives. Accordingly, the trial court found that the book was not obscene under the act and dismissed the forfeiture proceedings. The government appealed.
Rule of Law
Issue
Holding and Reasoning (Hand, J.)
Dissent (Manton, J.)
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