Kentucky Law Journal Volume 51 | Issue 4 Article 2 1963 The "Tropic of Cancer" Litigation in Illinois Elmer Gertz Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Constitutional Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Gertz, Elmer (1963) "The "Tropic of Cancer" Litigation in Illinois," Kentucky Law Journal: Vol. 51 : Iss. 4 , Article 2. Available at: https://uknowledge.uky.edu/klj/vol51/iss4/2 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact
[email protected]. The "Tropic of Cancer" Litigation in Illinois By ELMER GERTZ* As these words are written, appeals in connection with liti- gation involving Henry Miller s bold, unbridled, modern classic, Tropic of Cancer, an autobiographical novel, are pending in the Supreme Court of the United States and in the highest re- viewing courts of New York, California, Illinois and Wisconsin. As these words appear, at least some of the cases may be deter- mined.' There has already been a decision by the Supreme Judicial Court in Massachusetts, the commonwealth heretofore most likely to ban works like Tropic of Cancer, that the book is consti- tutionally protected; and, on grounds avoiding the obscenity issue, the highest reviewing courts of Maryland and Ohio have held with purveyors of the book. There have been court decisions, jury verdicts and administra- tive rulings in favor of the book in Hawaii, California, New York, Minnesota, New Jersey, the United States Customs, the United States Post Office and elsewhere; and adverse holdings in other places.