Legal Opinion · Dissent

People v. Bloss

Michigan Supreme Court

Decided October 31, 1972No. 22 October Term 1971, Docket Nos. 53,135-53,137Published

1DissentT. M. Kavanagh, C. J.

Defendants, having been charged ih three separate actions on single count informations with violation, of MCLA 750.343a; MSA 28.575(1), were convicted upon non-jury trials. Each charge included pandering of the allegedly obscene publications.

In a lengthy opinion by Judge J. H. Gillis, the Court of Appeals affirmed the convictions, promulgating a new obscenity test:

"Given that the published material is obscene within the meaning of a state statute, not void for vagueness, the publisher of the material loses any claim to protection under the First and Fourteenth Amendments if his primary intent…

2Cases cited6 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Jacobellis v. OhioSupreme Court of the United States · 1964
  3. Ginzburg v. United StatesSupreme Court of the United States · 1966
  4. Redrup v. New YorkSupreme Court of the United States · 1967
  5. Cushman v. AvisMichigan Court of Appeals · 1970

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