Brown v. Fallis

MEMORANDUM OPINION AND ORDER

Before HOLLOWAY, Circuit Judge, and BOHANON and BARROW, District Judges. PER CURIAM.

This action seeks injunctive and declaratory relief from prosecution and enforcement against plaintiff Brown of 21 *550O. 5.1961, § 906, the Oklahoma statute pertaining to obscene utterances.1 The complaint alleges that the Oklahoma statute is unconstitutional under the First Amendment as applied to the States by the Fourteenth Amendment for vagueness and overbreadth. The statute is claimed to be invalid on its face and as applied to the plaintiff Brown. Brown avers that the statute as…