Legal Opinion

Miranda v. Hicks

District Court, C.D. California

Decided September 30, 1974No. Civ. 73-2775-FPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

Before ELY, Circuit Judge, and EAST, and FERGUSON, District Judges. PER CURIAM.

The primary issue presented is whether the California obscenity statute as interpreted by the state courts of California meets the constitutional standards mandated by the Supreme Court in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973). We hold that it does not.

The facts which give rise to the litigation are as follows:

1. On November 20, 1973, anticipating that the movie “Deep Throat” would be exhibited in the City of Buena Park, in Orange County, California, three members…

2Cases cited53 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Hamling v. United StatesSupreme Court of the United States · 1974
  5. Steffel v. ThompsonSupreme Court of the United States · 1974

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3Cited by7 opinions

  1. California Diversified Promotions, Inc. v. James A. MusickCourt of Appeals for the Ninth Circuit · 1974
  2. Grandco Corporation, an Illinois Corporation v. James M. Rochford, Individually and as Acting Superintendent of Police of the City of ChicagoCourt of Appeals for the Seventh Circuit · 1976
  3. Bloom v. Municipal CourtCalifornia Supreme Court · 1976
  4. Lawson v. KolenderCourt of Appeals for the Ninth Circuit · 1981
  5. Gould v. PeopleCalifornia Court of Appeal · 1976

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