Hugo Black,
Smith v. California (361 U.S. 147…
“ Those grounds are not conviction of a bookseller for possession of an 'obscene' book when he is unaware of its obscenity 'will tend to restrict the books he sells to those he has inspected,' and therefore 'may tend to work a substantial restriction on freedom of speech.' The fact is, of course, that prison sentences for possession of 'obscene' books will seriously burden freedom of the press whether punishment is imposed with or without knowledge of the obscenity. ”
