TODD v. ROCHESTER COMMUNITY SCHOOLS

Docket No. 12001.

41 Mich. App. 320 (1972)

200 N.W.2d 90

TODD v. ROCHESTER COMMUNITY SCHOOLS.

Michigan Court of Appeals.

Decided June 12, 1972.


Attorney(s) appearing for the Case

Darden, Neef & Heitsch, for plaintiff.

Monaghan, McCrone, Campbell & Crawmer (by Michael J. Charbonneau), for defendant.

Amicus Curiae: American Civil Liberties Union of Michigan (by Bruce T. Leitman and Stanley W. Kurzman).

Before: BRONSON, P.J., and V.J. BRENNAN and O'HARA, JJ.


O'HARA, J. (concurring in result).

Judge BRENNAN and I concur only in the result reached by Judge BRONSON. We are not prepared to endorse his opinion.

We feel the basic point involved here is not whether the book in question is per se obscene or pornographic as those terms have been judicially defined by the United States Supreme Court. This is made clear by the following finding of the trial judge.

"The issues in this case have to do...

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