Rosen v. United States
Encyclopedia
Not to be confused with United States v. Rosen
Rosen v. United States, , was a case decided by the United States Supreme Court dealing with the concept of obscenity
. In a decision written by Justice Harlan
, the Court upheld the conviction of the defendant to 13 months hard labor and a fine of $1
for allegedly using the United States Postal Service
to send material that was deemed "obscene, lewd and lascivious".
The defendant, Lew Rosen, had been found guilty and appealed his conviction, arguing that the material the grand jury had found to be obscene had not been specifically identified on the record.
found that because the paper in question had been admitted into evidence and the defendant had not objected, and because he could have requested a bill of particulars
that described the paper but chose not to, the indictment sufficiently informed the accused of the nature and cause of the accusation against him.
Justice White
and Justice Shiras
dissented.
Rosen v. United States, , was a case decided by the United States Supreme Court dealing with the concept of obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
. In a decision written by Justice Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
, the Court upheld the conviction of the defendant to 13 months hard labor and a fine of $1
United States one-dollar bill
The United States one-dollar bill is the most common denomination of US currency. The first president, George Washington, painted by Gilbert Stuart, is currently featured on the obverse, while the Great Seal of the United States is featured on the reverse. The one-dollar bill has the oldest...
for allegedly using the United States Postal Service
United States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
to send material that was deemed "obscene, lewd and lascivious".
Background
It had been alleged that the defendant had on the 24th day of April, 1893, within the Southern District of New York,"unlawfully, willfully, and knowingly deposit and cause to be deposited in the post office of the City of New York, for mailing and delivery by the post office establishment of the United States, a certain obscene, lewd, and lascivious paper, which said paper then and there, on the first page thereof, was entitled 'Tenderloin Number, Broadway,' and on the same page were printed the words and figures following, that is to say: 'Volume II, number 27; trademark, 1892; by Lew Rosen; New York, Saturday, April 15, 1893; ten cents a copy, $4.00 a year in advance,' and thereupon, on the same page, is the picture of a cab, horse, driver, and the figure of a female, together (underneath the said picture) with the word 'Tenderloineuse,' and the said paper consists of twelve pages, minute description of which, with the pictures therein and thereon would be offensive to the court and improper to spread upon the records of the court because of their obscene, lewd, and indecent matters, and the said paper, on the said twenty-fourth day of April, in the year one thousand eight hundred and ninety-three, was enclosed in a wrapper, and addressed as follows, that is to say: 'Mr. Geo. Edwards, P.O. Box 510, Summit, N.J.' -- against the peace of the United States and their dignity, and contrary to the statute of the United States in such case made and provided."
The defendant, Lew Rosen, had been found guilty and appealed his conviction, arguing that the material the grand jury had found to be obscene had not been specifically identified on the record.
Opinion of the Court
The Supreme Court upheld the conviction. Writing for the Court, Justice HarlanJohn Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
found that because the paper in question had been admitted into evidence and the defendant had not objected, and because he could have requested a bill of particulars
Bill of Particulars
In law, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information...
that described the paper but chose not to, the indictment sufficiently informed the accused of the nature and cause of the accusation against him.
Justice White
Edward Douglass White
Edward Douglass White, Jr. , American politician and jurist, was a United States senator, Associate Justice of the United States Supreme Court and the ninth Chief Justice of the United States. He was best known for formulating the Rule of Reason standard of antitrust law. He also sided with the...
and Justice Shiras
George Shiras, Jr.
George Shiras, Jr. was an Associate Justice of the Supreme Court of the United States who was nominated to the Court by Republican President Benjamin Harrison. At that time, he had 37 years of private legal practice, but had never judged a case...
dissented.
See also
- List of United States Supreme Court cases, volume 161
- List of United States Supreme Court cases by the Fuller Court
- List of United States Supreme Court cases involving the First Amendment