Roth v. United States Case Brief Summary | Law Case Explained

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Roth v. United States | 354 U.S. 476 (1957)

Supreme Court Justice Potter Stewart famously declared about obscenity that “I know it when I see it.” Stewart wrote that in his concurring opinion, in a case in the 1960s that had to decide whether a sex act depicted in a movie qualified as obscenity. Defining what’s obscene has always proved a challenge to the courts. The first case in which the United States Supreme Court grappled with the definition of obscenity was Roth versus United States in 1957.

In two cases in the mid-1950s, bookstore owners in California and New York, David Alberts and Samuel Roth, were prosecuted for distributing magazines and books that contained erotic stories or nude photos. Alberts was convicted of state obscenity charges in Beverly Hills municipal court, and Samuel Roth was convicted of federal obscenity charges in federal district court in the Southern District of New York. On their appeals, the California Superior Court affirmed Alberts’s conviction, and the United States Court of Appeals for the Second Circuit affirmed Roth’s conviction.

Both Alberts and Roth succeeded in having the United States Supreme Court agree to hear their appeals.

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