Thurgood Marshall

“ While necessity may dictate some diminution of traditional constitutional safeguards at our National's borders, I should have thought that any such reduction would heighten the need jealously to protect those liberties that remain rather than justify the suspension of any and all safeguards. ”

“ In my view, the Government has ample opportunity to protect its valid interests if and when commercial distribution should take place. Since threats to these interests arise in the context of public or commercial distribution, the magnitude of the threats can best be assessed when distribution actually occurs ”

“ The Court did, however, approve the validity or regulatory action taken to protect children and unwilling adults from exposure to materials deemed to be obscene. The need for such protection of course arises when obscenity is distributed or displayed publicly; and the Court reaffirmed the principles of Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957) , Redrup v. New York, 386 U.S. 767 (1967) , and other decisions that involved the commercial distribution of obscene materials. ”