Is Section 1461 of the Criminal Code vague or vague?

MultiRegion, United States of America

The following excerpt is from United States v. Hamling, 481 F.2d 307 (9th Cir. 1973):

Section 1461 proscribes the knowledgable mailing of "every obscene, lewd, lascivious, indecent, filthy or vile matter, thing, device or substance." The appellants urge that the section is unconstitutionally vague in that the words "obscene, lewd, lascivious . . ." are undefined, vague and indefinite. Accordingly, the section on its face is unconstitutional and further that the use of the words in the indictment fails to advise them clearly and distinctly of the charge which they were called upon to defend, and they were required "to go to trial with the chief issues undefined." Russell v. United States, 369 U.S. 749, 82 S.Ct. 1038, 8 L.Ed.2d 240.

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