Bantam Books, Inc. v. Sullivan

In Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 67, 83 S.Ct. 631, 9 L.Ed.2d 584 (1963), a state commission notified a publication distributor that some of the publications he distributed had been "reviewed ... and ... declared to be ... completely objectionable for sale, distribution or display for youths." Bantam Books, Inc., 372 U.S. at 62, 83 S.Ct. 631 n. 5. The notice further stated that "the Chiefs of Police have been given the names of the aforementioned magazines with the order that they are not to be sold, distributed or displayed to youths under eighteen years of age.... The Attorney General will act for us in case of non-compliance." Id. A separate notice also threatened prosecution: "Your cooperation in removing the listed and other objectionable publications ... will be appreciated. Cooperative action will eliminate the necessity of our recommending prosecution to the Attorney General's department." Id. at 63, 83 S.Ct. 631 n. 5.