Legal Opinion
City of Madison v. Nickel
Wisconsin Supreme Court
Decided December 20, 1974No. 339PublishedCited by 49 opinions
1Opinion of the CourtBeilfuss, J.
The defendant has raised three issues:
1. Is the Madison ordinance as now written unconstitutional ?
2. Was the evidence sufficient to prove scienter or knowledge on the part of the defendant that the magazines were obscene ?
3. Can the defendant be convicted of more than one violation of the obscenity ordinance arising from a single transaction ?
The Madison obscenity ordinance, sec. 26.04 of the General Ordinances of Madison, is as follows:
“Obscene literature, pictures, etc.
“(1) Definitions.
“ (a) ‘Obscene.’ Material is obscene if:
“1. Its dominant theme taken as a whole appeals to a prurient…
2Cases cited21 opinions
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Hamling v. United StatesSupreme Court of the United States · 1974
- Smith v. CaliforniaSupreme Court of the United States · 1960
- A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
- Wisconsin v. J. C. Penney Co.Supreme Court of the United States · 1941
16 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- State v. RabeWisconsin Supreme Court · 1980
- Randall Book Corp. v. StateCourt of Appeals of Maryland · 1989
- Harrell v. StateCourt of Appeals of Wisconsin · 1979
- State v. LechnerWisconsin Supreme Court · 1998
- State v. Hezzie R.Wisconsin Supreme Court · 1998
44 more not listed; retrieve them via the Exa API.