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On this day, June 25, 1962, the Supreme Court handed down its decision in MANual Enterprises, Inc. v. Day.
Manual Enterprises, Inc. v. Day
Supreme Court of the United States
Argued: February 26–27, 1962
Decided: June 25, 1962
Full case name: MANual Enterprises, Inc., et al. v. J. Edward Day, United States Postmaster General
Holding: Photographs of nude, or near-nude, male models are not "obscene" within the meaning of 18 U.S.C. § 1461.
Case opinions
Plurality: Harlan, joined by Stewart
Concurrence: Black
Concurrence: Brennan, joined by Warren, Douglas
Dissent: Clark
Frankfurter took no part in the decision. White took no part in the consideration or decision of the case.
Laws applied:
First Amendment, 18 U.S.C. § 1461
MANual Enterprises, Inc. v. Day, 370 U.S. 478 (1962), is a decision by the United States Supreme Court which held that magazines consisting largely of photographs of nude or near-nude male models are not obscene within the meaning of 18 U.S.C. § 1461.[1] It was the first case in which the Court engaged in plenary review of a Post Office Department order holding obscene matter "nonmailable."
The case is notable for its ruling that photographs of nude men are not obscene, an implication which opened the U.S. mail to nude male pornographic magazines, especially those catering to gay men.
{snip}
Supreme Court of the United States
Argued: February 26–27, 1962
Decided: June 25, 1962
Full case name: MANual Enterprises, Inc., et al. v. J. Edward Day, United States Postmaster General
Holding: Photographs of nude, or near-nude, male models are not "obscene" within the meaning of 18 U.S.C. § 1461.
Case opinions
Plurality: Harlan, joined by Stewart
Concurrence: Black
Concurrence: Brennan, joined by Warren, Douglas
Dissent: Clark
Frankfurter took no part in the decision. White took no part in the consideration or decision of the case.
Laws applied:
First Amendment, 18 U.S.C. § 1461
MANual Enterprises, Inc. v. Day, 370 U.S. 478 (1962), is a decision by the United States Supreme Court which held that magazines consisting largely of photographs of nude or near-nude male models are not obscene within the meaning of 18 U.S.C. § 1461.[1] It was the first case in which the Court engaged in plenary review of a Post Office Department order holding obscene matter "nonmailable."
The case is notable for its ruling that photographs of nude men are not obscene, an implication which opened the U.S. mail to nude male pornographic magazines, especially those catering to gay men.
{snip}
Mon Jun 26, 2023: On June 25, 1962, MANual Enterprises, Inc. v. Day was decided.