S. S. & W., Inc., Et Al. v. Kansas City Et Al.

Me. Justice Brennan,

with whom Me. Justice Stewart and Me. Justice Marshall join, dissenting.

Appellants, operators of adult theaters and book stores, commenced this action in the Circuit Court of Missouri, Sixteenth Judicial District, for a declaratory judgment that Kansas City’s obscenity ordinance, §§ 26.141 to 26.-144, is unconstitutional. Section 26.142 provides in pertinent part as follows:

“No person shall knowingly:

“(a) Sell, deliver or provide, or offer or agree to sell, deliver or provide, any obscene writing, picture, record or other representation or embodiment of the obscene; or

“(c)…