Potter Stewart

“ The petitioner was convicted, his conviction was affirmed, and the Florida District Court of Appeal denied certiorari. Unable to obtain review in any higher Florida court, [2] he brought to this Court the federal constitutional claims he had unsuccessfully advanced at every stage of the state litigation. ”

“ Attorney General of Com. of Massachusetts, 383 U.S. 413, 86 S.Ct. 975, 16 L.Ed.2d 1, recognized that a State may not supress matter as 'obscene' unless ' (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value,' stressing that the 'three elements must coalesce.' 383 U.S., at 418, 86 S.Ct., at 977. Mr. ”