Holden v. Arnebergh

Having been arrested and charged with violating section 311.2, Penal Code (exhibiting and selling obscene material), plaintiffs by their second amended complaint. first cause of action, sought a declaratory judgment that the statute as applied by the real parties in interest deprives them of rights guaranteed by the First, Fourth and Fourteenth Amendments, United States Constitution, and that real parties be required to set up a pre-arrest censorship system by which they (plaintiffs) could submit the material in question for a determination as to its asserted obscenity prior to seizure and…