United States v. Thirty-Seven Photographs
See 403 U.S. 924, 91 S.Ct. 2221.
Customs agents sezied as obscene photographs possessed by claimant Luros when he returned to this country from Europe on October 24, 1969. Section 1305(a) of 19 U.S.C., pursuant to which the agents acted, prohibits the importation of obscene material, provides for its seizure at any customs office and retention pending the judgment of the district court, and specifies that the collector of customs give information of the seizure to the district attorney, who shall institute forfeiture proceedings. The agents referred the matter to the United States Attorney, who brought forfeiture proceedings on November 6. Luros' answer denied that the photographs were obscene and counterclaimed that § 1305(a) was unconstitutional. He asked for a three-judge court, which on November 20 was ordered to be convened. Following a hearing on January 9, 1970, the court on January 27 held § 1305(a) unconstitutional on the grounds that the statute (1) failed to meet the procedural requirements of Freedman v. Maryland, 380 U.S. 51, 85 S.Ct. 734, 13 L.Ed.2d 649 and (2) was overly broad as including within its ban obscene material for private use, making it invalid under Stanley v. Georgia, 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d 542. Held: The judgment is reversed and the case remanded. Pp. 367-379.
309 F.Supp. 36, reversed and remanded.