Summary

Portrait of Hugo Black Hugo Black Mishkin v. State Of New York/Dissent Black…

But because of life tenure, as well as other reasons, the federal judiciary is the least appropriate branch of government to take over censorship responsibilities by deciding what pictures and writings people throughout the land can be permitted to see and read. When this Court makes particularized rules on what people can see and read, it determines which policies are reasonable and right thereby performing the classical function of legislative bodies directly responsible to the people.
Source: Wikisource

Portrait of Hugo Black Hugo Black Mishkin v. State Of New York/Dissent Black…

If censorship of views about sex or any other subject is constitutional then I am reluctantly compelled to say that I believe the tedious, time-consuming and unwelcome responsibility for finally deciding what particular discussions or opinions must be suppressed in this country, should, for the good of this Court and of the Nation, be vested in some governmental institution or institutions other than this Court.
Source: Wikisource

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