Legal Opinion
D & J ENTERPRISES, INC. v. Michaelson
Supreme Court of Rhode Island
Decided May 14, 1979No. 78-372-AppealPublishedCited by 7 opinions
1Opinion of the CourtJoslin, J.
This is a petition filed in the Superior Court under the Uniform Declaratory Judgments Act. It seeks a declaration of the constitutionality of this state’s obscenity statute, G.L. 1956 (1969 Reenactment) §§11-31-1 to 13, as amended by P.L. 1978, ch. 218 (the Act), that subjects to criminal punishment anyone who willfully or knowingly promotes obscene material for the purpose of commercial gain. It also seeks an injunction prohibiting the respondents from procuring any information or indictment against the petitioners and from arresting them for alleged violations of the Act. The parties filed…
2Cases cited24 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Hamling v. United StatesSupreme Court of the United States · 1974
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Thornhill v. AlabamaSupreme Court of the United States · 1940
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3Cited by7 opinions
- J-R Distributors, Inc. v. EikenberryCourt of Appeals for the Ninth Circuit · 1984
- State v. ReganWashington Supreme Court · 1982
- Commonwealth v. PlankMassachusetts Supreme Judicial Court · 1979
- State v. LesieureSupreme Court of Rhode Island · 1979
- J-R Distributors, Inc. v. Kenneth Eikenberry, in His Official Capacity as Attorney General for the State of Washington Donald C. Brockett, in His Official Capacity as Prosecuting Attorney for Spokane County, State of Washington, James Sloane, in His Official Capacity as City Attorney for the City of Spokane, Washington, Jeffrey C. Sullivan, in His Official Capacity as Prosecuting Attorney for the County of Yakima, State of Washington, and Fred Andrews, in His Official Capacity as City Attorney for the City of Yakima, Washington, Azure Entertainment Corporation of Washington v. Kenneth Eikenberry, in His Official Capacity as Attorney General for the State of Washington Donald C. Brockett, in His Official Capacity as Prosecuting Attorney for Spokane County, State of Washington and James Sloane, in His Official Capacity as City Attorney for the City of Spokane, Washington, Jack R. Burns, in His Representative Capacity as of the Estate of Selom F. Burns v. The Honorable Kenneth Eikenberry, as Attorney General of the State of Washington, in His Representative Capacity Only, Playtime Theatres, Inc., a Washington Corporation v. The Honorable Kenneth Eikenberry, as Attorney General of the State of Washington, in His Representative Capacity, Only, Donald C. Brockett, Prosecuting Attorney of Spokane County, in His Representative Capacity Only, and James Sloane, Spokane City Attorney, in His Representative Capacity Only, Norm Maleng, Prosecuting Attorney of King County in His Representative Capacity Only, Kukio Bay Properties, Inc., a Washington Corporation v. Norm Maleng, Prosecuting Attorney of King County, in His Representative Capacity Only, Spokane Arcades, Inc., a Washington Corporation v. The Honorable Kenneth Eikenberry, as Attorney General of the State of Washington, in His Representative Capacity Only, Donald C. Brockett, Prosecuting Attorney of Spokane County, in His Representative Capacity Only, and James Sloane, Spokane City Attorney, in His Representative Capacity Only, the American Civil Liberties Union of Washington Madrona Publishers, Inc., Superior Publishing Company Washington Library Association Pacific Northwest Booksellers Association Motion Picturers Exhibitors of Washington, Alaska, and Northern Idaho Washington State Council of Teachers of English Washington Library Media Association and the Community College Librarian and Media Specialists Association of Washington v. The Honorable Kenneth Eikenberry, as Attorney General of the State of Washington, in His Representative Capacity OnlyCourt of Appeals for the Ninth Circuit · 1984
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