Legal Opinion
Fehlhaber v. State of North Carolina
District Court, E.D. North Carolina
Decided January 4, 1978No. 77-0043-CIV-3PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
DUPREE, District Judge.
Plaintiffs in this action seek a declaratory judgment that 1977 Session Senate Bill 539, Ratified Bill Chapter 819, entitled “An Act to Provide for the Civil Abatement of Nuisances Including Obscene Matter,” is constitutionally invalid. Jurisdiction is uncontested, and appropriate under 28 U.S.C. §§ 1343 and 2201, and 42 U.S.C. § 1983. In an earlier order in this action, the court denied defendants’ motions to abstain and to dismiss for lack of standing. Decision on the merits is now appropriate. 1
In its recent session, the General Assembly…
2Cases cited31 opinions
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
- Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
- Freedman v. MarylandSupreme Court of the United States · 1965
- Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
26 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Universal Amusement Co., Inc. v. Carol Vance King Arts Theatre, Inc. v. George E. McCrea the State of TexasCourt of Appeals for the Fifth Circuit · 1978
- State v. CarlsonMontana Supreme Court · 1982
- State Ex Rel. Gilchrist v. HurleyCourt of Appeals of North Carolina · 1980
- Cornflower Entertainment, Inc. v. Salt Lake City Corp.District Court, D. Utah · 1980
- Gayety Theatres, Inc. v. City of MiamiCourt of Appeals for the Eleventh Circuit · 1983
11 more not listed; retrieve them via the Exa API.