Decided: Ginzburg v. United States - The Supreme Court rules 5-4 against magazine publisher Ralph Ginzburg, upholding his conviction for distributing obscene literature through the mail.
According to the court, if material is marketed based on its being possibly obscene, then even if it has redeeming social value the fact remains that the publisher is only appealing to prurient interests.
Justice Brennan writes in the majority opinion:
"Where the purveyor's sole emphasis is on the sexually provocative aspects of his publications, that fact may be decisive in the determination of obscenity"
It's important that Ginzburg was ultimately charged because of the contents of his fourth issue of Eros: interracial sex. Attorney-General Robert Kennedy claimed that the pictures would exacerbate racial problems in the South (even though they don't show sex, they only suggest it).