Luther Merritt Swygert, American Booksellers v. Hudnut…
“ I also believe that the majority's questionable and broad assertions regarding how human behavior can be conditioned by certain teachings and beliefs (see ante, slip op. at 10-12-13) are unnecessary. For even if this court accepts the City of Indianapolis' basic contention that pornography does condition unfavorable responses to women, the ordinance is still unconstitutional.As to Part IV of the opinion, I agree that the ordinance is unconstitutional on first amendment grounds and that there is no need to discuss vagueness or prior restraint. ”
