Smith v. California, 361 U.S. 147 (1959)

Facts

  • Los Angeles Municipal Code § 41.01.1 made it unlawful for any person to possess any obscene or indecent book in a place of business where books are sold or kept for sale.
  • Eleazar Smith, a Los Angeles bookstore proprietor, was prosecuted after an allegedly obscene book was found in his shop.
  • The municipal court and the Appellate Department of the Superior Court construed the ordinance to impose strict (absolute) criminal liability.
  • Under that construction, the offense required only possession of a book later found obscene, with no requirement that the bookseller knew the book’s contents.
  • Smith was convicted and sentenced; the conviction was affirmed on appeal within the state system.

Issues

  1. Whether imposing criminal liability on a bookseller for possessing obscene material without proof of scienter violates the freedom of the press as applied to the states through the Fourteenth Amendment.

Decision

  • The Supreme Court reversed.
  • As construed to impose absolute criminal liability without scienter, the ordinance violated freedom of the press protected against state action by the Fourteenth Amendment.
  • The Court reasoned that strict liability would induce booksellers to self-censor and thereby restrict public access to constitutionally protected material.
  • Concurring opinions agreed with reversal on varying First Amendment and due process grounds.
  • A dissent would have upheld the ordinance as a permissible exercise of state police power over obscenity.
  • Although obscenity is not protected speech, the government may not regulate in a way that effectively suppresses protected expression through indirect burdens on distribution.
  • Criminal sanctions on booksellers for obscenity require some element of scienter (knowledge of the content); absolute liability creates an impermissible chilling effect.
  • Enforcement difficulty or administrative convenience does not justify dispensing with scienter when the result is a substantial burden on access to protected books.

Conclusion

The Court held that a jurisdiction may not make a bookseller strictly criminally liable for possessing an obscene book without proof of knowledge of its contents, because such a regime pressures distributors to restrict lawful materials and unconstitutionally burdens freedom of the press.