Legal Opinion
State v. Princess Cinema of Milwaukee, Inc.
Wisconsin Supreme Court
Decided June 3, 1980No. 78-472-CR, 78-473-CRPublishedCited by 62 opinions
1Opinion of the CourtDay, J.
The principal question presented for review is whether the criminal obscenity statute is unconstitutionally vague and overbroad. Sec. 944.21(1)(a), Stats. 1977. We conclude that it is overbroad and we decline to further judicially modify the statute to bring it within the strictures of the First Amendment as interpreted by the United States Supreme Court.
Between April and August 1977, twenty motion pictures were seized as evidence by the officers of the Milwaukee Police Department from the Princess Cinema, a motion picture theatre operated by the defendant Princess Cinema of Milwaukee, Inc.…
2Cases cited51 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Dombrowski v. PfisterSupreme Court of the United States · 1965
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3Cited by62 opinions
- New York v. FerberSupreme Court of the United States · 1982
- State v. RutzinskiWisconsin Supreme Court · 2001
- Maynard v. Port Publications, Inc.Wisconsin Supreme Court · 1980
- Welsh v. Boy Scouts of AmericaCourt of Appeals for the Seventh Circuit · 1993
- State v. DeSmidtWisconsin Supreme Court · 1990
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