Friday, June 16, 2023
Smith v. California, 361 U. S. 147, 154-155 (1959) I sometimes misplace this citation, so i'm noting it here.
Smith was a case requiring scienter for possessing dirty books; it is impractical for a bookstore to read each book on its shelves. the case was cited in an indiana case about RICO as applied to bookstores,
Fort Wayne Books, Inc. v. Indiana, 489 US 46 - Supreme Court 1989, that I am just getting around to reading.
Mayor Goldsmith argued pro se.
Smith is relevant to me because the sign disclaimer statutes
often include no scienter requirement.
As far back as the decision in Near v. Minnesota ex rel. Olson, 283 U. S. 697, 720-721 (1931), this Court has recognized that the way in which a restraint on speech is "characterized" under state law is of little consequence. supra.
the case allowed rico convictions for dirty books, but disallowed pretrial seizure of the books without a prompt hearing.
dissent by stevens brennan and marshall on the rico aspect.
o'connor was concerned about ripeness and jurisdiction.
