Legal Opinion
City News Center, Inc. v. Carson
District Court, M.D. Florida
Decided February 25, 1970No. Civ. 69-268PublishedCited by 8 opinions
1Opinion of the Court
PRELIMINARY INJUNCTION
WILLIAM A. McRAE, Jr., District Judge.
This is an action seeking damages and injunctive relief under 42 U.S. C. § 1983 from the enforcement of the Florida obscenity statute, section 847.-011, in an unconstitutional manner. In addition, petitioner seeks a declaratory judgment, under 28 U.S.C. § 2201, that the Florida statute is unconstitutional as applied. 1 Jurisdiction is based on 28 U.S.C. §§ 1331, 1343(3), (4).
This Court finds that because a prior adversary hearing was not held, a preliminary injunction should issue, and that the materials seized or purchased should be…
2Cases cited43 opinions
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
- Stanley v. GeorgiaSupreme Court of the United States · 1969
- Zwickler v. KootaSupreme Court of the United States · 1967
- Ginsberg v. New YorkSupreme Court of the United States · 1968
38 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bryers v. StateCourt of Criminal Appeals of Texas · 1972
- United States v. PrybaDistrict Court, District of Columbia · 1970
- Meyer v. AustinDistrict Court, M.D. Florida · 1970
- Merco Properties, Inc. v. GuggenheimerDistrict Court, S.D. New York · 1975
- United States v. 50 MagazinesDistrict Court, D. Rhode Island · 1971
3 more not listed; retrieve them via the Exa API.