Hugo Black

“ The judicial addition here may itself be small. But it is accomplished by a technique of broad interpretation which too often may be successfully invoked by the many people who want the law to proscribe what other people may say, write, hear, see, or read. I cannot agree to any departure from the sound practice of narrowly construing statutes which by censorship restrict liberty of communication.
Since Congress did not specifically ban the shipment of phonograph records, [5] this Court should not do so. ”

“ Of course there is a tremendous difference between cultural treasures and the phonograph records here involved. But our decision cannot be based on that difference. Involved in this case is the vital question of whether courts should give the most expansive construction to general terms in legislation providing for censorship of publications or pictures found to be 'indecent,' 'obscene,' etc. Censorship in any field may so readily encroach on constitutionally protected liberties that courts should not add to the list of items banned by Congress. ”

“ The reluctance of courts to expand the coverage of criminal statutes is particularly important where, as here, the statute results in censorship. According to dictionary definitions, 'matter' undeniably includes phonograph records and the substances of which they are made. Indeed, dictionaries tell us that 'matter' encompasses all tangibles and many intangibles, including material treated or to be treated in a book, speech, legal action or the like ”