McCAULEY v. TROPIC OF CANCER


20 Wis.2d 134 (1963)

McCAULEY, as District Attorney of Milwaukee County, Respondent, v. TROPIC OF CANCER and others, Appellants.

Supreme Court of Wisconsin.

May 20, 1963.


Attorney(s) appearing for the Case

For the appellants there was a brief by David B. Bartell and William J. Panagis, both of Milwaukee, and oral argument by Mr. Bartell.

For the respondent the cause was argued by Richard B. Surges, assistant district attorney of Milwaukee county, with whom on the brief were George Thompson, attorney general, and William J. McCauley, district attorney of Milwaukee county.

A brief amicus curiae was filed by Walstead, Anderson, Bylsma & Eisenberg of Madison, for the Wisconsin Chapter of the American Civil Liberties Union.


FAIRCHILD, J.

The Statute.

This action was brought under sec. 269.565, Stats., entitled, "Declaratory judgments against obscene matter." The issue is whether the matter complained of is obscene. The word "obscene" is not defined. The statute does provide that,

". . . The dominant effect of the whole of such matter shall be determinative of whether said matter is obscene."1

The statute directs the court...

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