Legal Opinion · Dissent

State v. Carlson

Supreme Court of Minnesota

Decided November 5, 1971No. 42278, 42279Published

1DissentOtis, Justice

1. Recognizing that the convictions in this case cannot be sustained unless the facts bring it within one of the exceptions set forth in Redrup v. New York, 386 U. S. 767, 87 S. Ct. 1414, 18 L. ed. 2d 515 (1967), the majority holds that there was evidence of pandering which sets the material aside from that protected under the Redrup rule. It states that the selection of material placed in the windows together with the signs “YOU CANNOT BE ARRESTED while Shopping our Store” and “ADULTS ONLY, You must be 18 to Enter Store” constitute pandering as a matter of law.

The majority raises for the…

2Cases cited19 opinions

  1. Ginzburg v. United StatesSupreme Court of the United States · 1966
  2. Redrup v. New YorkSupreme Court of the United States · 1967
  3. Bloss v. DykemaSupreme Court of the United States · 1970
  4. A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1967
  5. Hoyt v. MinnesotaSupreme Court of the United States · 1970

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