Federal judge seeks info on 'obscenity case'

By Tom Kirvan

A “seminal case involving the prosecution of obscenity in Michigan” has attracted the attention of U.S. District Judge Avern Cohn, a member of the federal bench since 1979.

“I am researching Hamer v. Duncan McCrea, Wayne County Circuit Court Chancery Calendar 278506,” said Judge Cohn, a staunch defender of First Amendment rights. “The case involved an effort to ban ‘To Have and
Have Not’ by Ernest Hemingway.”

The Hemingway novel was published in 1937 and revolves around the travails of a fishing boat captain who runs contraband between Cuba and Florida during the Great Depression.

The novel, which in 1944 was made into a movie starring Humphrey Bogart and Lauren Bacall, was viewed as a social commentary on the 1930s and included an underlying theme of Marxist ideology, according to book critics.

“On December 20, 1939, Chief Judge Ira Jayne docketed an opinion in the case,” said Judge Cohn. “If you have knowledge about the case or the opinion, or know where any of Judge Jayne’s papers may be archived, I would appreciate hearing from you.”

Information can be sent to Cohn at the U.S. District Court, 231 W. Lafayette Blvd., Room 219, Detroit, MI 48226. He can be reached by phone at 313.234.5160.