United Artists Corporation v. Harris

DAUGHERTY, Chief Judge ing).

(dissent-

I dissent, both as to abstaining in the circumstances of this ease and in considering an alleged unconstitutional application of Oklahoma Obscenity Laws to Plaintiff’s film.

it is not that I do not favor the Federal abstention doctrine in the interpretation of State laws as to their constitutionality. I strongly favor this doctrine But the United States Supreme Court has clearly announced an exception to this doctrine, which this Court has recently noted and recognized in Cherokee News And Arcade, Inc. v. Field, et al., 311 F.Supp. 1194 (W.D.Okl.1970),1…