Larkin v. G.P. Putnam’s Sons, 14 N.Y.2d 399 (1964)
A book should not be suppressed as obscene unless it is demonstrably without redeeming social value and appeals to prurient interest, judged by contemporary community standards, considering the work as a whole.
Summary
This case involved an action by the Corporation Counsel of New York City and district attorneys seeking to enjoin the book publisher G.P. Putnam’s Sons from selling and distributing “Memoirs of a Woman of Pleasure” (“Fanny Hill”), arguing that it was obscene under New York law. The trial court dismissed the complaint, but the Appellate Division reversed, finding the book obscene. The New York Court of Appeals reversed the Appellate Division, holding that “Fanny Hill” did not warrant suppression because it possessed slight literary value, offered insight into 18th-century London, and was unlikely to adversely affect contemporary values. The court emphasized the importance of constitutional freedom of the press and the need to resolve doubtful cases in favor of publication.
Facts
Defendant G.P. Putnam’s Sons published and distributed “Memoirs of a Woman of Pleasure” (Fanny Hill), a book written in 1749. The Corporation Counsel of New York City and district attorneys brought an action under Section 22-a of the Code of Criminal Procedure, claiming the book was obscene, lewd, lascivious, filthy, indecent, or disgusting. Testimony was presented at trial regarding the book’s literary merit and social value. Some critics, writers, and teachers testified the book had merit, while others held differing opinions.
Procedural History
The trial court dismissed the complaint. The Appellate Division reversed and granted the injunction sought by the plaintiffs. G.P. Putnam’s Sons appealed to the New York Court of Appeals.
Issue(s)
Whether “Memoirs of a Woman of Pleasure” (“Fanny Hill”) is obscene under Section 22-a of the Code of Criminal Procedure and whether its sale and distribution can be constitutionally enjoined.
Holding
No, because “Fanny Hill” has some literary value, offers insight into the life and manners of mid-18th Century London, and is unlikely to have any adverse effect on the sophisticated values of our century, and because recent Supreme Court decisions indicate that state obscenity statutes cannot constitutionally suppress books of this type.
Court’s Reasoning
The court considered several factors, including the book’s slight literary value, its insight into 18th-century London, and its unlikely adverse effect on contemporary values. The court reviewed previous Supreme Court decisions, particularly Roth v. United States, Manual Enterprises v. Day, People v. Richmond County News, and People v. Fritch. The court emphasized that judicial definitions are unsafe vehicles in obscenity cases, highlighting the subjectivity inherent in censorship reviews. The court stated that it must respect and follow Supreme Court decisions regarding freedom of the press. The court noted, “When one looks carefully at the record since 1956 of what on constitutional grounds has been allowed to be printed and circulated, and what has been suppressed, ‘Fanny Hill’ seems to fall within the area of permissible publications.” Further, the court noted that recent Supreme Court decisions had overturned state court decisions that had found books with arguably more objectionable content obscene, such as Grove Press v. Gerstein and Tralins v. Gerstein. The court held that, in light of these precedents, New York was without authority to restrain “Fanny Hill.” The court placed a burden on the censor to justify the exercise of their powers constitutionally and to resolve doubtful cases in favor of freedom to print.