One, Inc. v. Olesen
Citations
- 355 U.S. 371
- 78 S. Ct. 364
- 2 L. Ed. 2d 352
- 1958 U.S. LEXIS 1661
About this case
One, Inc. v. Olesen
One, Inc. v. Olesen, 355 U.S. 371 (1958), is a landmark decision of the US Supreme Court for LGBT rights in the United States . It was the first U.S. Supreme Court ruling to deal with homosexuality and the first to address free speech rights with respect to homosexuality. The Supreme Court reversed a lower court ruling that the gay magazine _ONE _ violated obscenity laws , thus upholding constitutional protection for pro-homosexual writing.[1]
Contents
Factual background
(https://en.wikipedia.org/w/index.php?title=One,_Inc._v._Olesen&action=edit§ion=1 "Edit section: Factual background")
ONE, Inc. (now One Institute ), a spinoff of the Mattachine Society , published the early pro-gay ONE: The Homosexual Magazine beginning in 1953.[2] After a campaign of harassment from the U.S. Post Office Department and the Federal Bureau of Investigation , Los Angeles Postmaster Otto Olesen declared the October 1954 issue "obscene, lewd, lascivious and filthy" and therefore unmailable under the Comstock Act of 1873 .[3] In that issue, the Post Office objected to "Sappho Remembered", a story of a lesbian's affection for a twenty-year-old "girl" who gives up her boyfriend to live with her, the lesbian, because it was "lustfully stimulating to the average homosexual reader"; "Lord Samuel and Lord Montagu", a poem about homosexual cruising that it said contained "filthy words"; and (3) an advertisement for The Circle, a magazine containing homosexual pulp romance stories, that would direct the reader to other obscene material.[4]
Procedural background
(https://en.wikipedia.org/w/index.php?title=One,_Inc._v._Olesen&action=edit§ion=2 "Edit section: Procedural background")
The magazine, represented by a young attorney who had authored the cover story in the October 1954 issue, Eric Julber,[5] brought suit in U.S. District Court seeking an injunction against the Postmaster. In March 1956, U.S. District Judge Thurmond Clarke ruled for the defendant. He wrote: "The suggestion advanced that homosexuals should be recognized as a segment of our people and be accorded special privilege as a class is rejected."[6] A three-judge panel of the Ninth Circuit Court of Appeals upheld that decision unanimously in February 1957.[7] Julber filed a petition with the U.S. Supreme Court on June 13, 1957.
Decision by U.S. Supreme Court
(https://en.wikipedia.org/w/index.php?title=One,_Inc._v._Olesen&action=edit§ion=3 "Edit section: Decision by U.S. Supreme Court")
On January 13, 1958, the U.S. Supreme Court both accepted the case and, without hearing oral argument, issued a terse _per curiam _ decision reversing the Ninth Circuit.[3] The decision, citing its June 24, 1957, landmark decision in _Roth v. United States _ 354 U.S. 476 (1957), read in its entirety:
241 F.2d 772, reversed.
Eric Julber for petitioner.
Solicitor General Rankin, Acting Assistant Attorney General Leonard and Samuel D. Slade for respondent.
PER CURIAM.
The petition for writ of _certiorari _ is granted and the judgment of the United States Court of Appeals for the Ninth Circuit is reversed. _Roth v. United States _, 354 U.S. 476.[8]
Similar decision
(https://en.wikipedia.org/w/index.php?title=One,_Inc._v._Olesen&action=edit§ion=4 "Edit section: Similar decision")
On the same day, the court issued a similar per curiam decision also citing Roth in Sunshine Book Co. v. Summerfield, which concerned the distribution of two nudist magazines.
Impact
(https://en.wikipedia.org/w/index.php?title=One,_Inc._v._Olesen&action=edit§ion=5 "Edit section: Impact")
One, Inc. v. Olesen was the first U.S. Supreme Court ruling to deal with homosexuality[6] and the first to address free speech rights with respect to homosexuality. The justices supporting the reversal were Frankfurter, Douglas, Clark, Harlan, and Whittaker.[3] As an affirmation of Roth, the case itself has proved most important for, in the words of one scholar, "its on-the-ground effects. By protecting ONE, the Supreme Court facilitated the flourishing of a gay and lesbian culture and a sense of community" at the same time as the federal government was purging homosexuals from its ranks.[5]
In its next issue, ONE told its readers: "For the first time in American publishing history, a decision binding on every court now stands. ... affirming in effect that it is in no way proper to describe a love affair between two homosexuals as constitut(ing) obscenity."[5]
See also
(https://en.wikipedia.org/w/index.php?title=One,_Inc._v._Olesen&action=edit§ion=6 "Edit section: See also")
References
(https://en.wikipedia.org/w/index.php?title=One,_Inc._v._Olesen&action=edit§ion=7 "Edit section: References")
- ↑ Geidner, Chris (June 19, 2019). "The Court Cases That Changed L.G.B.T.Q. Rights" . The New York Times. ISSN 0362-4331 . Retrieved June 21, 2019.
- ↑ "History" . www.onearchives.org. Retrieved April 9, 2018.
- Jump up to: 1 2 3 Murdoch, Joyce; Price, Deb (May 8, 2002). "ONE Standard of Justice". Courting justice: gay men and lesbians v. the Supreme Court . Basic Books. pp. 27–50. ISBN 978-0-465-01514-6 . Retrieved October 9, 2011.
- ↑ William N. Eskridge Jr. (1997). "Privacy Jurisprudence and the Apartheid of the Closet, 1946–1961" . Florida State University Law Review. Archived from the original on May 12, 2008. Retrieved January 14, 2008.
- Jump up to: 1 2 3 Savage, David G. (January 11, 2015). "Supreme Court faced gay rights decision in 1958 over 'obscene' magazine" . Los Angeles Times. Retrieved January 12, 2015. Julber's article was "You Can't Print It!", about how to steer clear of government censorship policies. He represented One, Inc. _pro bono _. In 2015 he was 90 years
…
Editorial context from Wikipedia (CC-BY-SA 4.0).
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- magazine story describing lesbian activity held constitutionally protected
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerCited by
53 cases in this archive cite this case; the 20 most cited are listed.
- New York Times Co. v. SullivanSupreme Court· 1964-03-09· cited 8,531×
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court· 1984-04-30· cited 2,137×
- Jacobellis v. OhioSupreme Court· 1964-06-22· cited 1,335×
- National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co.Supreme Court· 1982-10-04· cited 1,047×
- Ginzburg v. United StatesSupreme Court· 1966-03-21· cited 572×
- Manual Enterprises, Inc. v. DaySupreme Court· 1962-06-25· cited 364×
- Zeitlin v. ArneberghCalifornia Supreme Court· 1963-07-02· cited 136×
- Ward v. IllinoisSupreme Court· 1977-06-09· cited 114×
- United States v. Irving Klaw and Jack KramerSecond Circuit· 1965-07-15· cited 104×
- Harold S. Kahm v. United StatesFifth Circuit· 1962-04-23· cited 71×
- Vernon Walker Huffman v. United States, Dennis Eugene Pryba v. United StatesD.C. Circuit· 1972-08-10· cited 59×
- Commonwealth v. HortonMassachusetts Supreme Judicial Court· 1974-04-23· cited 58×
- Kapiloff v. DunnCourt of Special Appeals of Maryland· 1975-07-23· cited 57×
- Landau v. FordingCalifornia Court of Appeal· 1966-10-24· cited 47×
- Clark v. AllenSupreme Court of Pennsylvania· 1964-10-26· cited 42×
- People v. Richmond County News, Inc.New York Court of Appeals· 1961-05-25· cited 41×
- United States v. Nirvana Ward Zuideveld and Jack ZuideveldSeventh Circuit· 1963-06-05· cited 38×
- Attorney General v. Book Named \Tropic of Cancer.\Massachusetts Supreme Judicial Court· 1962-07-17· cited 38×
- United States v. 392 Copies of a Magazine Entitled \Exclusive\D. Maryland· 1966-04-04· cited 35×
- Grove Press, Inc., and Readers' Subscription, Inc. v. Robert K. Christenberry, Individually and as Postmaster of the City of New YorkSecond Circuit· 1960-03-25· cited 33×
Cites
1 case in this archive is cited by this case.
Other cases named One, Inc. v. Olesen
1 other CourtListener record shares this case name.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.