Background
In the 1950s, Herman Lynn Womack of Washington, D.C., published three beefcake magazines, MANual, Trim and Grecian Guild Pictorial. Although the magazines were aimed at gay men, the content did not explicitly mention homosexuality. Beginning in 1959, Womack began to publish softcore photographs showing fully nude men.
On March 25, 1960, six parcels containing 405 copies of the three magazines were seized by the postmaster in Alexandria, Virginia. After an evidentiary hearing, the Judicial Officer of the Post Office Department found that the magazines (1) were composed primarily, if not exclusively, for homosexuals and had no literary, scientific or other merit; (2) would appeal to the "prurient interest" of "sexual deviates" but would not have any interest for sexually normal individuals; (3) are read almost entirely by homosexuals, and possibly a few adolescent males; and (4) would not ordinarily be bought by normal male adults. The Judicial Officer concluded the magazines were obscene and therefore "nonmailable."
Womack sued in federal district court for injunctive relief. However, the government moved for summary judgment. The district court granted the motion and sustained the administrative ruling (110 U.S. App. D.C. 78).
Womack appealed to United States Court of Appeals for the District of Columbia Circuit. On February 13, 1961, the court of appeals affirmed the district court's ruling (289 F.2d 455).
Womack appealed to the U.S. Supreme Court, which granted certiorari (368 U.S. 809) on October 9, 1961.
Read more about this topic: MANual Enterprises V. Day
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