Legal Opinion

511 Detroit Street, Inc. v. Kelley

Court of Appeals for the Sixth Circuit

Decided December 17, 1986No. Nos. 85-1279, 85-1622 and 85-1642PublishedCited by 13 opinions

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

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Smith v. GoguenSupreme Court of the United States · 1974
  5. Bearden v. GeorgiaSupreme Court of the United States · 1983

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

3Cited by13 opinions

  1. Walker Whatley v. Dushan ZateckyCourt of Appeals for the Seventh Circuit · 2016
  2. United States v. PrybaCourt of Appeals for the Fourth Circuit · 1990
  3. Polykoff v. CollinsCourt of Appeals for the Ninth Circuit · 1987
  4. 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
  5. Polykoff v. CollinsCourt of Appeals for the Ninth Circuit · 1987

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

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