American Civil Liberties Union v. City of Pittsburgh

OPINION

SIMMONS, District Judge.

Today this Court is called upon to review the legality of actions taken by a local public official in calling for the removal of Hustler magazine from local newsstands. This is not an obscenity case; nor does this Court rule on the obscenity of Hustler magazine.

I. Background.

This is an action for injunctive and declaratory relief under 42 U.S.C. §§ 1983 and 1988 and under the First and Fourteenth Amendments to the United States Constitution. In this action the plaintiffs seek to enjoin the City of Pittsburgh, acting through its Mayor, Richard S. Caligiuri, and…