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The woman's interviews with police were among more than 50 audio and video clips released Wednesday from the investigation into Roethlisberger's late-night carousing in a Georgia college town, a sordid incident that didn't result in criminal charges but reinforced his reputation for petulant behavior and earned him an NFL suspension.

The next afternoon, the woman went to the police station for a follow-up interview that was videotaped. She was calm and matter-of-fact when discussing the previous night, struggling to remember a few details but adamant that she had been assaulted by Roethlisberger. She said Roethlisberger first exposed himself to her in a hallway, then followed her into the bathroom.

"If he starts talking, I mean, he's like a magnet. They come and they come hard," Joyner told police. "These girls, I mean, they were all just one right after another. And then there was guys, too. I mean the guys were pretty heavy, too."

After spending the last several weeks dispatching with the Nick-Jess romance in favor of more engaging story lines, New Girl took a sharp left turn last night, employing tired stereotypes with the likely consequence of alienating much of its viewership.

It is our view that since the warrant here authorized the sheriff to seize all copies of the specified titles, and since P-K was not afforded a hearing on the question of the obscenity even of the seven novels before the warrant issued, the procedure was likewise constitutionally deficient. 2 This is the teaching of Kingsley Books, Inc., v. Brown, 354 U.S. 436 . See Marcus, at pp. 734-738. The New York injunctive procedure there sustained does not afford ex parte relief but postpones all injunctive relief until "both sides have had an opportunity to be heard." Tenney v. Liberty News Distributors, 13 App. Div. 2d 770, 215 N. Y. S. 2d 663, 664. In Marcus we explicitly said that Kingsley Books "does not support the proposition that the State may impose the extensive restraints imposed here on the distribution of these publications prior to an adversary proceeding on the issue of obscenity, irrespective of whether or not the material is legally obscene." 367 U.S., at 735 -736. A seizure of all copies of the named titles is indeed more repressive than an injunction preventing further sale of the books. State regulation of obscenity must "conform to procedures that will ensure against the curtailment of constitutionally protected expression, which is often separated from obscenity only by a dim and uncertain line." Bantam Books, Inc., v. Sullivan, 372 U.S. 58, 66 ; the Constitution requires a procedure "designed to focus searchingly on the question of obscenity," Marcus, p. 732. We therefore [378 U.S. 205, 211] conclude that in not first affording P-K an adversary hearing, the procedure leading to the seizure order was constitutionally deficient. What we said of the Missouri procedure, id., at 736-737, also fits the Kansas procedure employed to remove these books from circulation:

". . . there is no doubt that an effective restraint - indeed the most effective restraint possible - was imposed prior to hearing on the circulation of the publications in this case, because all copies on which the [sheriff] could lay [his] hands were physically removed . . . from the premises of the wholesale distributor. An opportunity . . . to circulate the [books] . . . and then raise the claim of nonobscenity by way of defense to a prosecution for doing so was never afforded these appellants because the copies they possessed were taken away. Their ability to circulate their publications was left to the chance of securing other copies, themselves subject to mass seizure under other such warrants. The public's opportunity to obtain the publications was thus determined by the distributor's readiness and ability to outwit the police by obtaining and selling other copies before they in turn could be seized. In addition to its unseemliness, we do not believe that this kind of enforced competition affords a reasonable likelihood that nonobscene publications, entitled to constitutional protection, will reach the public. A distributor may have every reason to believe that a publication is constitutionally protected and will be so held after judicial hearing, but his belief is unavailing as against the contrary [ex parte] judgment [pursuant to which the sheriff] . . . seizes it from him."

If this case involved hard-core pornography, I think the procedures which were followed would be constitutionally valid, at least with respect to the material which the judge "scrutinized." This case is not like Marcus v. Search Warrant, 367 U.S. 717 , where, as the Court notes, "the warrant gave the police virtually unlimited authority to seize any publications which they considered to be obscene, and was issued on a verified complaint lacking any specific description of the publications to be seized, and without prior submission of any publications whatever to the judge issuing the warrant," p. 209, supra. But the books here involved were not hard-core pornography. Therefore, I think Kansas could not by any procedure constitutionally suppress them, any more than [378 U.S. 205, 215] Kansas could constitutionally make their sale or distribution a criminal act. See Jacobellis v. Ohio, ante, p. 197. (STEWART, J., concurring).

In Kingsley Books, appellants challenged the constitutionality of a New York statute that authorized the State Supreme Court to enjoin the sale and distribution of obscene prints and articles. A complaint prayed for an injunction against the further distribution of certain allegedly obscene paperback books and for the destruction by the sheriff of all copies in the appellants' possession. Appellants were ordered to show cause within four days why an injunction pendente lite should not be issued that would preclude distribution of the books. Although the code of criminal procedure provided that anyone sought to be enjoined was entitled to a trial one day after the joinder of issue, appellants consented to the temporary [378 U.S. 205, 217] injunction and delayed bringing the matter to issue. When a hearing on the question of obscenity was finally had, the books were found to be obscene; their distribution was enjoined and their destruction ordered. This Court upheld the New York procedure, stating:

In Marcus v. Search Warrant warrants to seize books were issued solely on the judgment of a peace officer regarding the obscenity of certain books without any independent examination by a judicial official; the warrants authorized seizure of books by officers other than the one who had signed the complaints and in effect gave carte blanche to these officers to seize anything they considered obscene at the named wholesale establishment and newsstands, whether or not the material had been so evaluated by anyone prior to the issuance of the warrants. After recounting the historical distrust for systems sanctioning sweeping seizures of materials believed to be offensive to the state, the Court held that "Missouri's procedures as applied in this case lacked the safeguards which due process demands to assure nonobscene material the constitutional [378 U.S. 205, 219] protection to which it is entitled." P. 731. Relevant to this conclusion were the absence of any "scrutiny by the judge of any materials considered by the complainant to be obscene," p. 732, and the power of the enforcing officers under the warrants to make ad hoc decisions regarding obscenity although "They were provided with no guide to the exercise of informed discretion, because there was no step in the procedure before seizure designed to focus searchingly on the question of obscenity." P. 732. Kingsley Books was distinguished on the grounds that in that case: (1) the court "could exercise an independent check on the judgment of the prosecuting authority at a point before any restraint took place"; (2) the restraints "ran only against the named publication"; (3) no extensive restraints were imposed before an adversary proceeding; and (4) the New York code required decision within two days of the trial on the obscenity question, pp. 735-737.

One danger of a censorship system is that the public may never be aware of what an administrative agent refuses to permit to be published or distributed. A penal sanction assures both that some overt thing has been done by the accused and that the penalty is imposed for an activity that is not concealed from the public. In this case, the information charged that obscene books were possessed or kept for sale and distribution; presumably such possession, if knowing, could, as a constitutional matter, support a criminal prosecution. The procedure adopted by the State envisions that a full judicial hearing will be held on the obscenity issue. Finally, the federal system makes it highly unlikely that the citizenry of one State will be unaware of the kind of material that is being restricted by its own government when there is great [378 U.S. 205, 224] divergence among the policies of the various States and a high degree of communication across state lines. Cf. my opinion in Roth v. United States, 354 U.S. 476, 496 , and my dissenting opinion in Jacobellis v. Ohio, ante, p. 203, decided today.

[ Footnote 1 ] The books before the district judge at the ex parte hearing were: The Sinning Season Sin Song Backstage Sinner The Wife-Swappers Lesbian Love Sex Circus Sin Hotel The front cover of The Wife-Swappers is typical of the 31 books seized which, with the exception of Backstage Sinner, included all those examined by the judge. Above a highly suggestive pictorial representation, the prospective reader is told that "Members of this Lust Club Had a Different Woman Every Night!" At the bottom [378 U.S. 205, 216] of the cover it is stated that "This is an Original Nightstand Book." The back cover relates in more detail the book's contents: "PROBLEMS IN BED . . . were no problems at all to the members of Eastport's highly secret suburban switch club. Who could have problems with eight beautiful, different women to choose from For that was the lot of each man in this fantastic sex-prowling group. Eight of the most lusty, passionate women in the town, each with her different desires, her peculiar sex habits. And with eight women so easy to reach, it was inevitable that there would be trouble . . . for the wives were very different: one was a lesbian, one was a nymphomaniac, one a masochist, another frigid, and still another erupting like a bomb at the mere touch of a man. They lived a lust-ridden, lightning-fast, terrifying and sex-crammed . . . GAME OF WIFE-SWAPPING!" The front page of the book contains the following: "LUST-SATED COUPLES "In eight Eastport homes the doors opened and eight husbands returned. It's traditional in suburbia for the good wife to meet her spouse with a shaker of martinis, but it was different with these eight [378 U.S. 205, 217] particular Eastport couples. These eight husbands came home on a Sunday morning and their eight wives were waiting in bed, soft and warm and sated . . . smelling of other men. And the husbands were drained and tired . . . from other women. Later in the day they would all awake, lounge around the house, eat lightly, speak softly . . . and think of the night before . . . "These Eight Couples Are Members Of A Wife-Swapping Mate-Switching Sex Club So Vile It will Stun You." These inducements are a fair indication of the actual contents of the book. The book's back page advertises the titles of some other Nightstand Books. The other books seized were: Born for Sin Isle of Sin No Longer a Virgin Orgy Town Sin Girls Lover Miami Call Girl Sex Spy Passion Trap Trailer Trollop Sex Jungle Sin Cruise The Lustful Ones Flesh Is My Undoing Sex Model Malay Mistress The Lecher Love Nest Lust Goddess Seeds of Sin Sin Camp Passion Slave $20 Lust The Sinful Ones Convention Girl Each of the seized books contains exactly 192 pages, the text in each running from page 5 to pages 189, 190, 191, or 192. 153554b96e


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