Legal Opinion

County of Kenosha v. C & S MANAGEMENT, INC.

Wisconsin Supreme Court

Decided January 22, 1999No. 97-0642PublishedCited by 44 opinions

1Opinion of the CourtDonald W. Steinmetz, J.

¶ 1. This case raises a number of issues for review:(1) Does Wis. Stat. § 944.21, prohibiting the sale of obscene material, violate the federal and Wisconsin Constitutions in being too vague and overbroad? We hold that it does not.(2) If the Wisconsin standard of obscenity is that stated in Miller v. California, 413 U.S. 15 (1973), were jury instructions which expanded the Miller "prurient interest" standard to material that "appeals generally to a shameful, unhealthy, unwholesome, degrading. . .interest in sex" and added the word genuinely to the Miller "serious value" definition erroneous?…

2Cases cited73 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. Wayte v. United StatesSupreme Court of the United States · 1985
  5. Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973

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3Cited by44 opinions

  1. Green v. Smith & Nephew AHP, Inc.Wisconsin Supreme Court · 2001
  2. Madison Teachers, Inc. v. Scott WalkerWisconsin Supreme Court · 2014
  3. State v. AgnelloWisconsin Supreme Court · 1999
  4. State v. City of Oak CreekWisconsin Supreme Court · 2000
  5. State v. A.S.Wisconsin Supreme Court · 2001

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