Leech v. American Booksellers Ass'n, Inc.
Tennessee Supreme Court
1Opinion of the Court
OPINION
FONES, Justice.
These eases challenged the constitutionality of the Tennessee Obscenity Act of 1978 by declaratory judgment actions instituted in the chancery court of Davidson County and the circuit court of Shelby County. The cases present two issues, the facial constitutionality of the Act and the application vel non of the doctrine of elision.
The Shelby County trial judge held the Act unconstitutional in its entirety, and the Davidson County chancellor held substantially all of the Act unconstitutional. We declare the entire Act void.
However, this does not leave Tennessee without a…
Also in this document: Dissent; Concurring in part, dissenting in part.
2Cases cited33 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Hamling v. United StatesSupreme Court of the United States · 1974
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Stromberg v. CaliforniaSupreme Court of the United States · 1931
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3Cited by78 opinions
- Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985
- State v. PendergrassCourt of Criminal Appeals of Tennessee · 1999
- Davis-Kidd Booksellers, Inc. v. McWherterTennessee Supreme Court · 1993
- In Re SwansonTennessee Supreme Court · 1999
- State v. AlleyTennessee Supreme Court · 1989
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