Legal Opinion

State v. Childs

Oregon Supreme Court

Decided November 20, 1968PublishedCited by 34 opinions

1Opinion of the CourtHolman, J.

Defendant, the operator of a retail tobacco and magazine business, was convicted of selling obscene written material in violation of ORS 167.151.① The *95subject of the sale was a paper-bound book entitled “Lesbian Roommate.” This is an appeal from that conviction.

One of the defendant’s principal contentions :is that the material is not obscene as a matter of law and, therefore, may not be proscribed without restricting freedom in the dissemination of information in violation of the First Amendment of the United States Constitution. It is clear that obscene material does not fall within the…

2Cases cited13 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Massiah v. United StatesSupreme Court of the United States · 1964
  3. Fahy v. ConnecticutSupreme Court of the United States · 1963
  4. Jacobellis v. OhioSupreme Court of the United States · 1964
  5. Smith v. CaliforniaSupreme Court of the United States · 1960

8 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Olsen v. State Ex Rel. JohnsonOregon Supreme Court · 1976
  2. State v. SpencerOregon Supreme Court · 1980
  3. Vernon Walker Huffman v. United States, Dennis Eugene Pryba v. United StatesCourt of Appeals for the D.C. Circuit · 1972
  4. Tupper v. FAIRVIEW HOSP. & TRAIN. CENTER, ETC.Oregon Supreme Court · 1976
  5. Court v. StateWisconsin Supreme Court · 1971

29 more not listed; retrieve them via the Exa API.

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