Legal Opinion
Council for Periodical Distributors Ass'n v. Evans
District Court, M.D. Alabama
Decided July 14, 1986No. Civ. A. 86-T-282-NPublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
MYRON H. THOMPSON, District Judge.
This lawsuit is a challenge to the efforts of a state district attorney to stop the sale of allegedly sexually explicit magazines in Montgomery County, Alabama. The plaintiffs claim that the actions of the district attorney and a special task force he created constituted “a prior restraint” and were “retaliatory,” in violation of the first amendment to the U.S. Constitution. The plaintiffs have premised this lawsuit on 42 U.S.C.A. § 1983 and have properly invoked the court’s jurisdiction pursuant to 28 U.S. C.A. §§ 1331, 1343. They seek…
2Cases cited34 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Warth v. SeldinSupreme Court of the United States · 1975
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Allen v. WrightSupreme Court of the United States · 1984
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
29 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. P.H.E., Inc.Court of Appeals for the Tenth Circuit · 1992
- Council for Periodical Distributors Ass'n v. EvansCourt of Appeals for the Eleventh Circuit · 1987
- PHE, Inc. v. United States Department of JusticeDistrict Court, District of Columbia · 1990
- Council for Periodical Distributors Associations International Periodical Distributors Association, Inc. Martin E. McCaffery Penthouse International, Ltd. Playboy Enterprises, Inc. And Newlook International, Ltd. v. James H. Evans, District Attorney, Fifteenth Judicial Circuit of Alabama, Individually and in His Official Capacity, John Wilson, Chief of Police of the City of Montgomery, Individually and in His Official Capacity Thomas O. Kotouc, Individually and in His Official Capacity and City of Montgomery, Council for Periodical Distributors Association v. James H. Evans, District Attorney, Fifteenth Judicial Circuit of Alabama, Individually and in His Official Capacity John Wilson, Chief of Police of the City of Montgomery, Individually and in His Official Capacity Thomas O. Kotouc, Individually and in His Official Capacity and City of MontgomeryCourt of Appeals for the Eleventh Circuit · 1987
- Kathleen L. Eckstein, Administratrix of the Estate of Harry J. Eckstein, Jr. v. Kenneth E. MelsonCourt of Appeals for the Fourth Circuit · 1994
8 more not listed; retrieve them via the Exa API.