Detco, Inc. v. Breier
District Court, E.D. Wisconsin
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
- Younger v. HarrisSupreme Court of the United States · 1971
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Roth v. United StatesSupreme Court of the United States · 1957
- Jacobellis v. OhioSupreme Court of the United States · 1964
- Douglas v. City of JeannetteSupreme Court of the United States · 1943
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3Cited by4 opinions
- Detco, Inc. v. McCannDistrict Court, E.D. Wisconsin · 1973
- Detco, Inc. v. McCannDistrict Court, E.D. Wisconsin · 1974
- Detco, Inc. v. McCannDistrict Court, E.D. Wisconsin · 1974
- Simpson v. SpiceDistrict Court, E.D. Wisconsin · 1975