Polykoff v. Collins

NELSON, Circuit Judge:

This appeal concerns the district court’s denial of declaratory relief and permanent injunctive relief in a first and fourteenth amendment challenge to Arizona’s obscenity statute and the statutory provisions imposing fines for felonies. Appellants contend that the statutory term “prurient interest,” as interpreted by the Arizona Supreme Court, is unconstitutionally over-broad, and that the felony fine provisions impermissibly restrain and chill speech. We affirm.

I. BACKGROUND

Arizona law provides that a person is guilty of a felony who knowingly “sells, rents, lends, ...…