United States Supreme Court Cases & Opinions

U.S. Supreme Court

Winters v. New York, 333 U.S. 507 (1948)

Winters v. New York

No. 3

Argued March 27, 1946

Reargued November 19, 1946

Reargued November 10,1947

Decided March 29,1948

333 U.S. 507

Syllabus

Subsection 2 of §1141 of the New York Penal Law, as construed by the State Court of Appeals to prohibit distribution of a magazine principally made up of news or stories of criminal deeds of bloodshed or lust so massed as to become vehicles for inciting violent and depraved crimes against the person, held so vague and indefinite as to violate the Fourteenth Amendment by prohibiting acts within the protection of the guaranty of free speech and press. Pp. 333 U. S. 508-520.

294 N. Y. 545, 63 N. E. 2d 98, reversed.

Appellant was convicted for having certain magazines in his possession with intent to sell them, in violation of subsection 2 of §1141 of the New York Penal Law. The Appellate Division of the Supreme Court of New York affirmed. 268 App.Div. 30, 48 N.Y.Supp. 230. The Court of Appeals of New York affirmed, 294 N.Y. 545, 63 N.E.2d 98, and amended its remittitur to the trial court so as to show that it had held that the conviction did not violate the Fourteenth Amendment. 294 N.Y. 979, 63 N.E.2d 713. Reversed, p. 333 U. S. 520.

Page 333 U. S. 508