Recent years have seen an increase in the number of civil nuisance actions to restrain the exhibition of obscenity. Authorities have split over whether civil or criminal procedural standards should govern such actions. The California Court of Appeal, in People ex rel. Gow v. Mitchell Brothers Theatre, has addressed some of these issues. The author examines the court\u27s reasoning regarding the appropriate remedies and standard of proof in such actions. In addition, the author addresses the propriety of a jury trial, concluding that a jury trial should be a matter of right in the determination of obscenity
This Article critiques the approach endorsed in Hamling, particularly regarding the Court\u27s failu...
Controversy and obscenity laws appear to go hand in hand.2 Within the past year, for example, obscen...
Ten years ago Bindrim v. Mitchell roared like a lion, extending an author\u27s potential to defame t...
Recent years have seen an increase in the number of civil nuisance actions to restrain the exhibitio...
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor R...
This article suggests that the determination of obscenity in cases should be sent to the jury to d...
Beginning in 1957 with the landmark case of Roth v. United States, and continuing to the present, th...
Since the 1970\u27s, obscenity cases in the US legal system have long been detennined by the three-p...
When Sir Charles Sidlye exhibited himself nude on a balcony in 1663, he undoubtedly did not know his...
This note was written in response to the Ninth Circuit Court of Appeals\u27 2009 decision in United ...
Few problems have plagued the courts in the last decade with greater persistence than those associat...
North Carolina, like other states, has chosen to regulate the dissemination of obscenity through a n...
Interest in obscenity laws, in the reason and purpose for their being, their efficacy in achieving t...
The purpose of this Article is to examine critically the rationale of those decisions and to assess ...
Declares state policy is to prohibit obscene matter and conduct. Redefines obscene and knowingly ...
This Article critiques the approach endorsed in Hamling, particularly regarding the Court\u27s failu...
Controversy and obscenity laws appear to go hand in hand.2 Within the past year, for example, obscen...
Ten years ago Bindrim v. Mitchell roared like a lion, extending an author\u27s potential to defame t...
Recent years have seen an increase in the number of civil nuisance actions to restrain the exhibitio...
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor R...
This article suggests that the determination of obscenity in cases should be sent to the jury to d...
Beginning in 1957 with the landmark case of Roth v. United States, and continuing to the present, th...
Since the 1970\u27s, obscenity cases in the US legal system have long been detennined by the three-p...
When Sir Charles Sidlye exhibited himself nude on a balcony in 1663, he undoubtedly did not know his...
This note was written in response to the Ninth Circuit Court of Appeals\u27 2009 decision in United ...
Few problems have plagued the courts in the last decade with greater persistence than those associat...
North Carolina, like other states, has chosen to regulate the dissemination of obscenity through a n...
Interest in obscenity laws, in the reason and purpose for their being, their efficacy in achieving t...
The purpose of this Article is to examine critically the rationale of those decisions and to assess ...
Declares state policy is to prohibit obscene matter and conduct. Redefines obscene and knowingly ...
This Article critiques the approach endorsed in Hamling, particularly regarding the Court\u27s failu...
Controversy and obscenity laws appear to go hand in hand.2 Within the past year, for example, obscen...
Ten years ago Bindrim v. Mitchell roared like a lion, extending an author\u27s potential to defame t...