People v. Bonanza Printing Co.
Appellate Division of the Superior Court of California
1Opinion of the CourtWhyte, P. J.
Repulsive and disgusting as the material is and much as it might appear to the layman as obscene under the dictionary definition of that term,1 it does not meet the constitutional rules for determination of obscenity as laid down by the Supreme Court of the United States2 and of our *873own state3 and hence its publication cannot be punished without violating the First Amendment of the Constitution of the United States.
This case involves more than a motion to suppress a search warrant under Penal Code section 1538.5. While the proceedings were originally begun under that section, a “traverse of…
2Cases cited16 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
- Redrup v. New YorkSupreme Court of the United States · 1967
- Aday v. Superior CourtCalifornia Supreme Court · 1961
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3Cited by11 opinions
- Monica Theater v. Municipal CourtCalifornia Court of Appeal · 1970
- Cinema Classics, Ltd. v. BuschDistrict Court, C.D. California · 1972
- Perkins v. City of West CovinaCourt of Appeals for the Ninth Circuit · 1997
- People v. SUPERIOR COURT (CHICO ETC. HEALTH CTR.)California Court of Appeal · 1986
- Childress v. Municipal CourtCalifornia Court of Appeal · 1970
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