The final decision of Ginzburg's fate was reached on March 21, 1966, after a five to four majority affirmed Ginzburg's conviction for violating a federal statute and found him guilty of "commercial exploitation," of "pandering," and of "titillation.", crimes he was in fact not charged of. It is noticeable that the court made it clear that though the publications of Ginzburg themselves were protected by First Amendment, Ginzburg's conduct, attitude, motives were not, and he was in fact found guilty because of his sexual-exciting advertising methods, where First Amendment could not apply according to the court.