Legal Opinion

Kucharek v. Hanaway

Court of Appeals for the Seventh Circuit

Decided May 7, 1990No. 89-2885PublishedCited by 41 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The Attorney General of Wisconsin appeals from an order declaring — at the behest of several purveyors of sexually explicit books, magazines, and videotapes— Wisconsin’s obscenity statute unconstitutional, and enjoining its enforcement. 714 F.Supp. 1499 (E.D.Wis.1989). The statute, Wis.Stat. § 944.21, was enacted in 1988, after eight years in which Wisconsin had no obscenity statute, the predecessor to section 944.21 having been held to violate the First Amendment in State v. Princess Cinema, Inc., 96 Wis.2d 646, 292 N.W.2d 807 (1980). Passage of a successor statute was…

2Cases cited35 opinions

  1. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  5. Miller v. CaliforniaSupreme Court of the United States · 1973

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3Cited by41 opinions

  1. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  2. United States v. Stanley J. Marshall, United States of America v. Richard L. Chapman, John M. Schoenecker, and Patrick BrummCourt of Appeals for the Seventh Circuit · 1990
  3. American Booksellers v. James WebbCourt of Appeals for the Eleventh Circuit · 1990
  4. United States v. Lynnette Harris and Leigh Ann ConleyCourt of Appeals for the Seventh Circuit · 1991
  5. City of Madison v. BaumannWisconsin Supreme Court · 1991

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