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Alberts conducted a mail-order business which sold sexually explicit materials. He was convicted in a Municipal Court in California on a misdemeanor complaint which found him guilty of selling lewd and obscene books and of composing and publishing an obscene advertisement for his products.
1 de ene. de 2009 · David S. Alberts ran a mail-order business out of Los Angeles when he was found guilty of violating the California Penal Code, which declared that any person who willfully and lewdly distributes or advertises any obscene or indecent writing, paper, book, or picture was guilty of a misdemeanor.
The Defendant, Mr. Alberts (Defendant #2) was convicted under a California law for “lewdly keeping for sale obscene and indecent books” and “publishing an obscene advertisement of them.” Issue.
Roth's case was combined with Alberts v. California, in which a California obscenity law was challenged by Alberts after his similar conviction for selling lewd and obscene books in addition to composing and publishing obscene advertisements for his products.
In Roth v. United States and its companion case Alberts v. California, the Court reaffirmed the longstanding view that obscenity was not covered by the First Amendment and that both state and federal obscenity laws were therefore constitutionally permissible.
In Alberts, the primary constitutional question is whether the obscenity provisions of the California Penal Code2 invade the freedoms of speech and press as they may be incorporated in the liberty protected from state action by the Due Process Clause of the Fourteenth Amendment.
Alberts conducted a mail-order business which sold sexually explicit materials. He was convicted in a Municipal Court in California on a misdemeanor complaint which found him guilty of selling lewd and obscene books and of composing and publishing an obscene advertisement for his products.
