Legal Opinion · Dissent

Meyer v. Austin

District Court, M.D. Florida

Decided August 14, 1970No. 69-678-Civ.-JPublished

1DissentGeorge C. Young, District Judge

I dissent from both the opinion and decision rendered by the majority in this case and I therefore respectfully declined to approve the judgment.

This case arose because of efforts by Florida state officials to enforce Section 847.011 of the Florida Statutes, F. S.A. as related to the motion picture film “Vixen.” The state sought in Florida ex rel Austin v. Mandell, No. 69-8106-H (4th Judicial Cir.Ct., Duval Cty., Fla.) to have “Vixen” declared obscene and to have it confiscated and destroyed. Upon the subsequent filing of this case, Judge McRae entered a one-judge temporary restraining order…

2Cases cited30 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  3. Freedman v. MarylandSupreme Court of the United States · 1965
  4. Jacobellis v. OhioSupreme Court of the United States · 1964
  5. Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970

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