Duquesne Law Review


Joel Fishman


From 1957 to 1973, the United States Supreme Court was in the process of articulating and refining the standard by which a literary or artistic work would be classified as "obscene." State supreme courts were likewise addressing this issue under their own constitutions and statutes. In Pennsylvania, Justice Michael A. Musmanno struggled against United States Supreme Court opinions that, in his opinion, opened the door to the spread of all types of obscene, lewd, and immoral materials throughout society. Justice Musmanno's opinions on this matter were consistent throughout this time of change, and they frequently reflected his views on American democracy. This Article will review Justice Musmanno's powerful dissents on key film and book censorship cases decided by the Pennsylvania Supreme Court from 1956 to 1967.

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