HOLDEN v. ARNEBERGH

Docket Nos. 32155, 32197.

265 Cal.App.2d 87 (1968)

71 Cal. Rptr. 401

EUGENE HOLDEN et al., Plaintiffs and Appellants, v. ROGER ARNEBERGH, as City Attorney, etc., et al., Defendants and Respondents. (Consolidated Cases.)

Court of Appeals of California, Second District, Division One.

August 21, 1968.


Attorney(s) appearing for the Case

Marks & Schneider, Burton Marks and Harvey A. Schneider for Plaintiffs and Appellants.

Roger Arnebergh, City Attorney, in pro. per., John A. Daley, Assistant City Attorney, George J. Franscell and William B. Burge, Deputy City Attorneys, Harold W. Kennedy, County Counsel, Martin E. Weekes, Deputy County Counsel, Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and James H. Kline, Deputy Attorney General, for Defendants and Respondents.


LILLIE, J.

Having been arrested and charged with violating section 311.2, Penal Code (exhibiting and selling obscene material), plaintiffs by their second amended complaint, first cause of action, sought a declaratory judgment that the statute as applied by the real parties in interest deprives them of rights guaranteed by the First, Fourth and Fourteenth Amendments, United States Constitution, and that real parties be required to set up a pre-arrest censorship system...

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