Legal Opinion

People v. Hunter

Michigan Court of Appeals

Decided May 1, 1979No. Docket 78-224PublishedCited by 5 opinions

1Opinion of the CourtMackenzie, J.

The facts of this case are fully set forth in the dissenting opinion.

This case involves the fundamental right of freedom of association, and governmental restriction upon that right cannot be tolerated absent *3justification by a "compelling state interest”. Roe v Wade, 410 US 113; 93 S Ct 705; 35 L Ed 2d 147 (1972). Further, despite the existence of such a concern, the regulation fails to pass constitutional muster if that interest can be achieved by a "less drastic alternative”. Shelton v Tucker, 364 US 479; 81 S Ct 247; 5 L Ed 2d 231 (1960).

There is no doubt that the state’s interest in…

2Cases cited3 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Shelton v. TuckerSupreme Court of the United States · 1960
  3. People v. PagnottaNew York Court of Appeals · 1969

3Cited by5 opinions

  1. Wysocki v. KiviMichigan Court of Appeals · 2002
  2. City of Akron v. HolleyAkron Municipal Court · 1989
  3. People v. HunterMichigan Court of Appeals · 1979
  4. People v. DombeMichigan Court of Appeals · 1984
  5. People v. HunterMichigan Court of Appeals · 1979

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