By withdrawing from the Curious (Yellow) cases, Justice Douglas avoided involvement in a court-splitting headache. Indeed, the film has already split courts across the country. It has been shown m more than 125 communities without legal challenge; courts from New Jersey to New Mexico have approved it. But other judges, in such places as Boston, Baltimore, Kansas City
Phoenix and Spokane, have banned the movie as obscene.
In the Fanny Hill case (1966), Justice William Brennan, writing for a three-man plurality of the Supreme Court, held that a work is obscene only it meets...
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