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Legal Opinion

Butler v. Tucker

West Virginia Supreme Court

Decided April 2, 1992No. 19998PublishedCited by 8 opinions

1Opinion of the Court

BROTHERTON, Justice:

The appellants, Judy Butler, et al., challenge the constitutionality of an anti-pornography ordinance restricting the sale and display of obscene materials which was adopted by the Nicholas County Commission on November 9, 1989, pursuant to W.Va.Code § 7-1-4.

This test of the ordinance was initiated on February 5, 1990, when Ellis Frank Hartless and Phillip Light rented an X-rated videotape entitled “Stolen Kisses” from Butler Video, a rental business located in Summersville, West Virginia. Hart- less and Light took the videotape to the Nicholas County Sheriff and demanded…

2Cases cited27 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. A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
  5. Pope v. IllinoisSupreme Court of the United States · 1987

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3Cited by8 opinions

  1. EQT Production Company v. Matthew WenderCourt of Appeals for the Fourth Circuit · 2017
  2. EQT Production Co. v. WenderDistrict Court, N.D. West Virginia · 2016
  3. Foundation for Independent Living, Inc. v. Cabell-Huntington Board of HealthWest Virginia Supreme Court · 2003
  4. State v. CecilWest Virginia Supreme Court · 2007
  5. West Virginia Pride, Inc. v. Wood County, W. Va.District Court, S.D. West Virginia · 1993

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

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