U.S. Court of Appeals for the Ninth Circuit, 1971

Harold Wasserman v. The Municipal Court of the Alhambra Judicial District

Harold Wasserman v. The Municipal Court of the Alhambra Judicial District
U.S. Court of Appeals for the Ninth Circuit · Decided December 3, 1971 · Barnes, Duniway, Per Curiam, Wright
449 F.2d 787 (Federal Reporter, Second Series)

Harold Wasserman v. The Municipal Court of the Alhambra Judicial District

Opinion

PER CURIAM:

Appeal from an order denying a petition for a writ of habeas corpus. As we have held that we are required to do, we have made our own “independent, de novo constitutional judgment * * * as to whether the [advertising leaflet] involved is constitutionally protected.” (Childs v. Oregon, 9 Cir., 1970, 431 F.2d 272, 275). We agree with the District Judge that the leaflet was properly found by the California courts to fall within the three part definition of obscenity stated in Redrup v. New York, 1967, 386 U.S. 767, 770-771, 87 S.Ct. 1414, 18 L.Ed.2d 515, and in Cal.Penal Code § 311(a). See also Ginzburg v. United States, 1966, 383 U.S. 463, 86 S.Ct. 942, 16 L.Ed.2d 31.

Affirmed.

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