Legal Opinion

Detco, Inc. v. Breier

District Court, E.D. Wisconsin

Decided October 31, 1972No. Civ. A. 72-C-121PublishedCited by 4 opinions

1Opinion of the Court

DECISION AND ORDER

REYNOLDS, District Judge.

In this civil rights case the plaintiff, a theatre corporation, is seeking declaratory and injunctive relief against the enforcement of Wisconsin’s obscenity statute, Wis.Stats. § 944.21, on the ground that as construed and as applied to it, the statute violates the First Amendment. Jurisdiction is founded on 28 U.S.C. § 1343(3) and (4) and 42 U.S.C. § 1983. The matter is before me on plaintiff’s motions for a three-judge court and a temporary restraining order against the pending state prosecution. I grant both requests.

On February 24, 1972, the…

2Cases cited12 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Roth v. United StatesSupreme Court of the United States · 1957
  4. Jacobellis v. OhioSupreme Court of the United States · 1964
  5. Douglas v. City of JeannetteSupreme Court of the United States · 1943

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Detco, Inc. v. McCannDistrict Court, E.D. Wisconsin · 1973
  2. Detco, Inc. v. McCannDistrict Court, E.D. Wisconsin · 1974
  3. Detco, Inc. v. McCannDistrict Court, E.D. Wisconsin · 1974
  4. Simpson v. SpiceDistrict Court, E.D. Wisconsin · 1975

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