Name: Jacobs v. New York — Dissent
Author: Earl Warren

Quotes from Jacobs v. New York — Dissent (Earl Warren)

Earl Warren, Jacobs v. New York — Dissent

“ After a person has been convicted under a statute which limits his right of expression, his subsequent conduct will be significantly chilled by the conviction on his record. Particularly where, as in this case, the convictions stem from conduct which is directly in line with appellants' profession as movie exhibitors, they may justifably fear that any future conduct running the danger of infringing the statute will be more harshly treated because of the previous unreviewed conviction. ”

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Source: Wikisource

Earl Warren, Jacobs v. New York — Dissent

“ A State could thus keep a person under continual threat of imprisonment without review by this Court of any constitutional objections to his convictions by a continued series of convictions and suspended sentences. ”

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Source: Wikisource

Earl Warren, Jacobs v. New York — Dissent

“ Under the Administrative Code of the City of New York, which establishes a comprehensive system of licensing procedures, the Department of Licenses is charged with assuring that motion picture theatres are not offensive to 'public morals.' § B32-26.0. ”

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Source: Wikisource

Earl Warren, Jacobs v. New York — Dissent

“ These convictions will surely affect appellants' ability to procure a license to exhibit motion pictures in the future.
Since I believe this appeal cannot be dismissed as moot, I believe the Court must consider the case on the merits. I am satisfied that these convictions should be affirmed. Under the standards set out by the Court in Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957) , this film is not within the protections of the First Amendment. ”

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Source: Wikisource

Earl Warren, Jacobs v. New York — Dissent

“ I dissent from the Court's dismissal of this appeal as moot. These appellants were convicted by a three-judge bench of the Criminal Court of New York City of violating § 1141 of the Penal Law of New York, McKinney's Consol.Laws, c. 40, which provides in pertinent part:
'1. A person who sells, lends, gives away, distributes, shows or transmutes * * * any obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic * * * motion picture film * * * which may or may not require mechanical or other means to be transmuted into auditory, visual or sensory representations of such character. ”

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Source: Wikisource

Earl Warren, Jacobs v. New York — Dissent

“ For example, these appellants argue in ths case that they should not be constitutionally convicted because their conduct demonstrates their good-faith belief that they were not exhibiting obscene material. ”

Earl Warren

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Quotes from Jacobs v. New York — Dissent (Earl Warren)

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Earl Warren

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Quotes from Jacobs v. New York — Dissent (Earl Warren)

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