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One, Inc. v. Olesen

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One, Inc. v. Olesen 355 U.S. 371 (January 13, 1958) was a landmark decision for LGBT rights in the United States. ONE, Inc., a spinoff of the Mattachine Society, published the early pro-gay "ONE magazine" beginning in 1953. After having the October, 1954 issue declared obscene by the post office and therefore unmailable under the 1873 Comstock Act, the magazine sued. The first court decision (March 1956) sided with the post office, as did the 9th Circuit Court of Appeals (February 1957).

To the surprise of all concerned, an appeal to the Supreme Court was not only accepted, but citing Roth v. United States (1957) the court, in a terse per curiam decision, reversed the 9th Circuit without even waiting for oral arguments. This marked the first time the Court had explicitly ruled on homosexuality.

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