341 U.S. 123 (1951) JOINT ANTI-FASCIST REFUGEE COMMITTEE v. McGRATH, ATTORNEY GENERAL, ET AL.   NO. 8. Supreme Court of United States.   Argued October 11, 1950. Decided April 30, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.[*]*124 O. John Rogge and Benedict Wolf argued the cause for petitioner in No. 8. With them on the brief was Murray A. Gordon. David Rein argued the cause for petitioners in No. 7. With him on the brief were Abraham J. Isserman and Joseph Forer. Allan R. Rosenberg argued the cause and filed a brief […]

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The constitutionality of a criminal obscenity statute is the question in each of these cases. In Roth, the primary constitutional question is whether the federal obscenity statute[1] violates the provision of the First Amendment that "Congress shall make no law . . . abridging the freedom of speech, or of the press . . . ." In Alberts, the primary constitutional question is whether the obscenity provisions of the California Penal Code[2] invade the freedoms of speech and press as they may be incorporated in *480 the liberty protected from state action by the Due Process Clause of the Fourteenth Amendment.

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