First Amendment Library:
William Cahn

Ginsberg, who operated a stationery store and luncheonette, was convicted of selling “girlie” magazines to a 16-year-old boy in violation of the New York Penal Law, which made it unlawful “knowingly to sell … to a minor” under 17 “(a) any picture … which depicts nudity … and which is harmful to minors,” and “(b) any … magazine … which contains [such pictures] and which, taken as a whole, is harmful to minors.” Ginsberg challenged the law, and his conviction, as a violation of the 1st Amendment.