American Booksellers v. James Webb

HILL, Senior Circuit Judge:

INTRODUCTION

I. STATEMENT OF THE CASE

As stated in the district court order from which this appeal is taken, “[t]his case presents a conflict between one of society’s most cherished rights — freedom of expression — and one of government’s most profound obligations — the protection of minors.” American Booksellers Ass’n v. Webb, 643 F.Supp. 1546, 1547 (N.D.Ga.1986) (hereinafter “Webb II”). Plaintiff-appellees obtained declaratory and injunc-tive relief barring the enforcement of a Georgia law which regulates, inter alia, the display of material deemed “harmful to…