State v. Amato

The following issues are presented on appeal:(1) Are the magazines involved in this appeal constitutionally not obscene as a matter of law;(2) Has Redrup v. New York 1 overruled or limited pre-existing holdings on the government’s authority to regulate obscene material;(3) Was it necessary for the state to prove by affirmative proof that the materials involved in this appeal were patently offensive because they affronted community standards relating to the description or representation of sexual matters; and(4) Was it prejudicial error to permit an assistant district attorney to testify…