Legal Opinion

United States v. Various Articles of Merchandise, Seizure No. 170, United States of America v. Various Articles of Merchandise, Seizure No. 182

Court of Appeals for the Seventh Circuit

Decided December 10, 1984No. 83-1911, 83-1943PublishedCited by 10 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

The government appeals an order of the district court holding that four magazines are not obscene and therefore not subject to seizure from the international mails. The seizure took place in Chicago. The district court held that these works were not patently offensive to the average person in the relevant community because of the wide availability of similar works throughout the City of Chicago. We vacate the district court’s order and remand the case for further consideration.

I

This case arises out of two separate in rem actions brought by the United States against…

2Cases cited16 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Hamling v. United StatesSupreme Court of the United States · 1974
  3. New York v. FerberSupreme Court of the United States · 1982
  4. Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
  5. Smith v. United StatesSupreme Court of the United States · 1977

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. United States v. RagsdaleCourt of Appeals for the Fifth Circuit · 2005
  2. County of Kenosha v. C & S MANAGEMENT, INC.Wisconsin Supreme Court · 1999
  3. Hursey Davis v. Warden, Joliet Correctional Institution at Stateville Michael Lane, Director, Department of Corrections, State of IllinoisCourt of Appeals for the Seventh Circuit · 1989
  4. United States v. PrybaDistrict Court, E.D. Virginia · 1988
  5. City of Miami v. Florida Literary Distrib.Supreme Court of Florida · 1986

5 more not listed; retrieve them via the Exa API.

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