Legal Opinion

Spokane Arcades, Inc. v. Eikenberry

District Court, E.D. Washington

Decided July 2, 1982No. C-82-223 RJM, C-82-230 RJM, C-82-231 RJM, C-82-239 RJM, C-82-240 RJM, C-82-283 RJM and C-82-354 RJMPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION

ROBERT J. McNICHOLS, Chief Judge.

The issue in these consolidated cases 1 is the constitutionality of House Bill 626, an Act passed by the Washington Legislature regulating pornography and moral nuisances. 2 Plaintiffs have asked for extraordinary relief declaring the statute unconstitutional and enjoining its enforcement. Specifically, it is argued that provisions of the Act are overbroad and vague, and that the statute is more restrictive than the standard mandated by the United States Supreme Court, that it has a chilling effect on First Amendment freedoms, imposes cruel…

2Cases cited59 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  5. Rummel v. EstelleSupreme Court of the United States · 1980

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3Cited by7 opinions

  1. Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985
  2. J-R Distributors, Inc. v. EikenberryCourt of Appeals for the Ninth Circuit · 1984
  3. 4447 CORP. v. GoldsmithIndiana Court of Appeals · 1985
  4. State v. HayesWashington Supreme Court · 1987
  5. Kuwait Airways Corp. v. Ogden Allied Aviation ServicesDistrict Court, E.D. New York · 1989

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