Sex, Pornography, and Justice

by Albert B. Gerber

Published by Lyle Stuart

Published 1965
Nonfiction (law)
349 pgs.

Reviewed by Jim Highland

First published in Tangents May, 1966.

Albert Gerber understands the subject of pornography thoroughly. He is a Philadelphia lawyer specializing in criminal and civil law in the obscenity and pornography fields. In his book Sex, Pornography & Justice, Mr. Gerber has written one of the most complete and tantalizing histories of this bewildering topic that we have read. His clear presentation is remarkable.

While most studies of this nature tend to be so legalistic that they are fit only for lawyers, the present volume is so easy going that it makes “authorities” of us all. Pornography and obscenity are subjects about which everybody already knows more than Supreme Court justices— and that goes for most housewives, policemen, and supressionists (who love to check the cover art on “dirty” paperbacks).

In view of the U.S. Supreme Court’s recent ruling on the Ginzburg (Eros) case, and the resulting “raids” throughout the country on magazine stands, this book could not be more timely. For a few weeks following the Eros decision frightened distributors and dealers had every nudist, physique, homosexual, and “hard” girlie magazine packed out of sight. Gradually they have appeared back on the racks, but now test cases are springing up in state and federal courts concerning publications with nude photographs. It is a tribute to Gerber that he was able to successfully analyze the shift in the thinking of Chief Justice Earl Warren before the decision was handed down.

In his chapter entitled “U. S. Supreme Court at Bat,” the author tells the story of the historic ONE decision of 1957. He begins by saying: “The censors suffered a major dramatic shock in the case of ONE, Inc. vs. Olesen.” He then reproduces the offending portions of ONE Magazine and argues that in clearing the magazine of obscenity charges the Supreme Court was simply protecting the communication of unpopular ideas.

Along with the breast and the best-seller cases, Sex, Pornography & Justice offers a frank discussion of the clearing of the muscle type publications in the MANual vs. Day decision. Mr. Gerber points out that the MANual case left unanswered the question of whether or not materials should be banned because they appeal to the “prurient interest” of a special class of people such as homosexuals. The Supreme Court of the United States has since answered that question.

For the reader who has more than an academic interest in the subject of pornography, Mr. Gerber’s book will especially appeal. It is too bad that on these readers his insight will not rub off. The book is crammed with what the censors call “the dirty parts.” Don’t let your friends borrow it. Once out of your sight, you will not likely see it again.

© 1966, 2016 by The Tangent Group. All rights reserved.