Legal Opinion · Dissent

Lewis v. Baxley

District Court, M.D. Alabama

Decided December 21, 1973No. Civ. A. 4182-NPublished

1DissentVarner, District Judge

(dissenting) :

I am generally in accord with my brothers as to the applicable laws involved in this case and differ only in the conclusion with the excellently written majority opinion. My problem arises in considering that delicate balance, under the circumstances here involved, between the rights of the press and the interests of the State when considering the various provisions of the statute.

Conceivably, a part of § 14 is constitutionally valid and a part thereof is unconstitutional. If the parts are wholly independent of, or separable from, each other, the part which is valid or…

2Cases cited17 opinions

  1. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  2. Lynch v. United StatesSupreme Court of the United States · 1934
  3. Carter v. Carter Coal Co.Supreme Court of the United States · 1936
  4. Tilton v. RichardsonSupreme Court of the United States · 1971
  5. Associated Press v. National Labor Relations BoardSupreme Court of the United States · 1937

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