511 Detroit Street, Inc. v. Kelley
Court of Appeals for the Sixth Circuit
1Opinion of the Court
BOGGS, Circuit Judge.
Defendants-appellants appeal from an order of District Judge Stewart A. Newblatt of the Eastern District of Michigan ruling that a portion of Michigan’s anti-obscenity law is unconstitutionally vague and over-broad and that it acts as an impermissible restraint on protected speech. For the reasons set forth below, we reverse and remand.
I
The 1984 Michigan anti-obscenity law, Act 343 of 1984, was to become effective on March 29, 1985. The law includes a provision, Section 6, which provides that—
[a] person is guilty of obscenity in the second degree when, knowing the content…
2Cases cited17 opinions
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Kolender v. LawsonSupreme Court of the United States · 1983
- Smith v. GoguenSupreme Court of the United States · 1974
- Bearden v. GeorgiaSupreme Court of the United States · 1983
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- United States v. PrybaCourt of Appeals for the Fourth Circuit · 1990
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- Sequoia Books, Inc. v. Dallas Ingemunson, in His Capacity as State's Attorney of Kendall County, Illinois, and Kendall County, IllinoisCourt of Appeals for the Seventh Circuit · 1990
- Polykoff v. CollinsCourt of Appeals for the Ninth Circuit · 1987
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