One, Inc. v. Olesen (District Court)

United States District Court
Southern District of California
Central Division

One, Incorporated, a


Otto K. Olesen et al.,

No. 18764 TC Civil
Order on Motion for
Summary Judgment

The above entitled cause having been called for trail setting in this Court on the 16th day of January, 1956, and the case having submitted for decision on the written briefs of the parties in support of their motions for summary judgement, it is hereby ordered:

The motion of the defendant for summary judgement is granted.  The publication of the plaintiff entitled "One, The Homosexual Magazine" is non-mailable matter within the meaning of 18 U.S.C.A. 1461.  "Sappo Remembered" and other stories are obviously calculated to stimulate the lust of the homosexual reader.  The poem "Lord Samuel and Lord Montagu" in particular, is filthy and obscene.  Many of the advertisement for the Swiss publication "The Circle" lead to the obtaining of obscene matter. For these reasons, the injunction against the plaintiff should remain in force.

The suggestion advanced that homosexuals should be recognized as a segment of our people and be accorded special privilege as a class is rejected.

Plaintiff is allowed five days within which to file...

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