Nov. 4, 1964 - In a 2-to-1 decision that combined severe moral and theatrical criticisms, comedian Lenny Bruce was convicted in New York Criminal Court today of giving obscene performances in the Café Au Go Go, a Greenwich Village nightclub at 152 Bleecker St.
Presiding Judge John Murtaugh and Judge Kenneth Phipps cited a dozen “anecdotes and reflections” that “clearly insulted sex and debased it” and “were obscene, indecent, immoral, and impure.”
“The monologues contained little or no literary or artistic merit,” the decision added.
“They were merely a device to enable Bruce to exploit the use of obscene language. They were devoid of any cohesiveness. They were a series of unconnected items that contained little of social significance. They were chaotic, haphazard, and inartful.”
Bruce was found guilty on three counts of violating Section 1140-A of the Penal Code. The case was one of the few in many years in which anyone has been convicted in New York of giving an obscene performance.
Howard Solomon, the café operator, was found guilty of permitting his establishment to be used for an obscene performance. Solomon’s wife, Ella, who was also charged, was found innocent.
Bruce represented himself at today’s proceedings and told the court that his lawyer, Ephraim London, whom he had dismissed, was suing him for legal fees. Bruce told the court that since his first arrest on obscenity charges four years ago, his earnings had dropped from $350,000 to $6,000 a year.
Judge Murtaugh set sentencing for Dec. 16 to permit Bruce and Solomon to undergo psychiatric examination and probation investigation. Each count carries a possible maximum of a year in prison and a $500 fine.
In a 14-page dissent, which paves the way for an appeal, Judge J. Randall Creel held that Section 1140-A was vague and should be held unconstitutional.
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