OREGON BOOKMARK CORPORATION v. SCHRUNK

Civ. No. 70-294.

321 F.Supp. 639 (1970)

OREGON BOOKMARK CORPORATION, Plaintiff, v. Terry SCHRUNK, Mayor, Lloyd Anderson, Connie McCready, Francis Ivancie and Mark Grayson, Commissioners, all members of the Council of the City of Portland, Marian Rushing, City Attorney of the City of Portland, and Donald McNamara, Chief of Police of the City of Portland, Defendants.

United States District Court, D. Oregon.

November 19, 1970.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, Or., for plaintiff.

Marian C. Rushing, Richard A. Braman, Portland, Or., for defendants.


OPINION

ALFRED T. GOODWIN, District Judge.

This is a declaratory proceeding to determine whether a city can use its business-license powers to institute censorship of books and magazines. There is also a prayer for injunctive relief.

The plaintiff magazine dealer asserts that the Mayor and the City Council of the City of Portland are withholding a business license in violation of the free-press guarantee of the First Amendment to the United States...

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