One, Inc. v. Olesen
Encyclopedia
One, Inc. v. Olesen is a landmark United States Supreme Court decision for LGBT rights in the United States. ONE, Inc.
, a spinoff of the Mattachine Society
, published the early pro-gay "ONE: The Homosexual Magazine" beginning in 1953. After a campaign of harassment from the U.S. Post Office Department
and the Federal Bureau of Investigation
, the Postmaster
of Los Angeles
declared the October, 1954 issue obscene therefore unmailable under the Comstock laws.
The magazine sued. The first court decision (March 1956) sided with the post office, as did the 9th Circuit Court of Appeals
(February 1957). To the surprise of all concerned, an appeal to the Supreme Court was not only accepted
, but citing its recent landmark decision
in Roth v. United States
the Court, in a terse per curiam decision
, reversed the 9th Circuit without even waiting for oral arguments. The decision read in its entirety:
This marked the first time the Supreme Court had explicitly ruled on free press rights around homosexuality. The justices supporting reversal were Frankfurter, Douglas, Clark, Harlan, and Whittaker.
ONE, Inc.
ONE, Inc. was an early gay rights organization in the United States.The idea for a publication dedicated to homosexuals emerged from a Mattachine Society discussion meeting held on October 15, 1952....
, a spinoff of the Mattachine Society
Mattachine Society
The Mattachine Society, founded in 1950, was one of the earliest homophile organizations in the United States, probably second only to Chicago’s Society for Human Rights . Harry Hay and a group of Los Angeles male friends formed the group to protect and improve the rights of homosexuals...
, published the early pro-gay "ONE: The Homosexual Magazine" beginning in 1953. After a campaign of harassment from the U.S. Post Office Department
United States Post Office Department
The Post Office Department was the name of the United States Postal Service when it was a Cabinet department. It was headed by the Postmaster General....
and the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
, the Postmaster
Postmaster
A postmaster is the head of an individual post office. Postmistress is not used anymore in the United States, as the "master" component of the word refers to a person of authority and has no gender quality...
of Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
declared the October, 1954 issue obscene therefore unmailable under the Comstock laws.
The magazine sued. The first court decision (March 1956) sided with the post office, as did the 9th Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
(February 1957). To the surprise of all concerned, an appeal to the Supreme Court was not only accepted
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, but citing its recent landmark decision
Landmark decision
Landmark court decisions establish new precedents that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law...
in Roth v. United States
Roth v. United States
Roth v. United States, , along with its companion case, Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.- Prior history :Under the common...
the Court, in a terse per curiam decision
Per curiam decision
In law, a per curiam decision is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively and anonymously...
, reversed the 9th Circuit without even waiting for oral arguments. The decision read in its entirety:
"241 F.2d 772, reversed.
Eric Julber for petitioner.
Solicitor General Rankin, Acting Assistant Attorney General Leonard and Samuel D. Slade for respondent.
PER CURIAM.
The petition for writ of certiorari is granted and the judgment of the United States Court of Appeals for the Ninth Circuit is reversed. Roth v. United StatesRoth v. United StatesRoth v. United States, , along with its companion case, Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.- Prior history :Under the common...
, 354 U.S. 476. [355 U.S. 371, 372]"
This marked the first time the Supreme Court had explicitly ruled on free press rights around homosexuality. The justices supporting reversal were Frankfurter, Douglas, Clark, Harlan, and Whittaker.
Further reading
, describing- Index of ONE Magazine issues
- Homosexuality and Free Speech: The 1958 ONE Case "The Post Office determined that the October 1954 issue was obscene and lewd, based upon three articles within the issue: (1) Sappho Remembered, a story of a lesbian's affection for a twenty-year-old "girl" who gives up her boyfriend to live with the lesbian, was considered obscene because it was "lustfully stimulating to the average homosexual reader"; (2) Lord Samuel and Lord Montagu, a poem about homosexual toilet cruising on the part of several British peers, was considered obscene because of "filthy words" within it; and (3) an advertisement for The Circle, a magazine containing homosexual pulp romance stories, was thought to lead the reader to obscene material."