Adult Video Ass'n v. United States Department of Justice

ORDER ON MOTION TO DISMISS

TURNER, District Judge.

Plaintiffs filed the instant complaint on October 22,1992, seeking a declaratory judgment under 28 U.S.C. § 2201 that the film entitled “After Midnight” (“the videotape”) is protected under the First Amendment to the Constitution and is not legally obscene in the Western District of Tennessee (“the District”).1 Defendants have filed a motion to dismiss the complaint or in the alternative for a more definite statement. This court heard oral arguments on that motion on March 28, 1994.

FACTS

Plaintiffs are a trade association whose members are…