UNITED STATES vs.

KOTTINGER (1923)

FACTS:

Camera Supply Co. managed by defendant was raided. Postcards portraying the non-Christian
inhabitants of the country in native dresses were found and confiscated. Defendant contends
that the facts alleged therein did not constitute an offense and were not contrary to law. The
trial court charged Kottinger in violation of the Philippine Libel Law for having kept for sale these
obscene and indecent pictures.

ISSUE:

WON pictures portraying the inhabitants of the country in native dress as they appear and can
be seen in the regions in which they live, are obscene and indecent.

HELD:

No. Pictures which depict the non-Christian inhabitants of the Philippine Islands as they actually
live, without attempted presentation of them in unusual posture or dress are not offensive to
chastity or foul or filthy. These pictures attempted to show as true to life and are not obscene or
indecent.

RULING:

Judgment is reversed. Kottinger is acquitted.

The Court defines obscenity or obscene as something offensive to chastity, decency, or delicacy.

(a)The test to determine whether something is obscene is whether the tendency of the matter
charged as obscene is to deprave or corrupt those whose minds are open to such immoral
influences and into whose hands a publication or other article charged as being obscene may
fall.

(b)Another test is that which shocks the ordinary and common sense of men as an indecency.

Romualdez, J., Dissenting:

While said pictures cannot strictly be termed obscene, they must be regarded as indecent for
they are so offend modesty and refinement. No woman claiming to be decent would dare to
stand before the public in Manila where said pictures were exhibited in the same fashion as
these pictures are.