He was prosecuted from two informants who testified that Ginsberg personally sold two 16-year-old boys the magazines containing pornographic images of women, both called "Sir", and, "Mr" Annual.

Ginsberg argued before the court that the State of New York did not have the power to classify two different sets of the population in regards to obscene material and that it was an unconstitutional deprivation of liberty.

He cited Meyer v. Nebraska, Pierce v. Society of Sisters and Prince v. Massachusetts, in all of which cases the court sided with the minors.

While he admitted that the material that had been sold to minors could be harmful, Douglas was concerned that the ruling would set a precedent that could be perpetuated to "protect" other segments of society from anything the government might deem obscene.

He finished by saying the definition of obscenity is impossible to determine because it is highly subjective and laments that the court is forced to sit as the nation's board of censors.