box 4/11
Heimfahr
Casanovas
30 S ee e e ck e e e
15
The illiberality of opinion in obscenity matters of
years ago is no longer reflected in recent cases. A
thing deemed indecent years ago is generally ac¬
cepted today as decent. Witness the change in
bathing suits. Only within the last ten years have
women been allowed in New York to bathe with
bare legs and in one-piece bathing suits. In 1907
the New England Watch and Ward Society pre¬
vented Mary Garden from appearing in Richard
Strauss’s celebrated opera Salome.? Today the
opera is in the repertoire of every reputable opera
company. A few years ago the present edition of
Earl Carroll’s Vanities'' would have shocked the
community. Yet, within the last few weeks, the
Vanities“ were completely exonerated by a Grand
Jury in New York County.
As indicative of the rapidity with which the atti¬
tude of the community changes on this subject, we
shall analyze some of the recent cases on obscenity.
Case: People v. Broinard, 192 App. Div. 816,
July 9, 1920.
Title of Book: Madeleine“
Theme: An autobiography of a prostitute, abound¬
ing in detail and revealing with particularity
the physical and financial difficulties attend¬
ant upon her livelihood.
Decision of the Court: The Appellate Division held
the book did not violate the statute, though the
Court said:" can see no useful purpose in
the publication of the book, I cannot agree
that it has any moral lesson to teach.)
Case: Halsey v. Neie York Society, 234 N. V. 1,
July 12, 1922.
Title of Book: Mademoiselle de Maupin“.
Theme: Details of the passionate love affairs of
two women, one of whom is disguised as a man,
written by an author who stated in his preface