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ROBERTS v. STATE

No. 54135.

373 So.2d 672 (1979)

Churchill ROBERTS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

July 18, 1979.

Attorney(s) appearing for the Case

George W. Estess of Kerrigan, Estess & Rankin, Pensacola, and Fletcher N. Baldwin, Jr., Gainesville, for appellant.

Jim Smith, Atty. Gen. and Randy Schwartz, Asst. Atty. Gen., Tallahassee, for appellee.

David M. Rabban, American Association of University Professors, Washington, D.C., Frederick F. Schauer, Marshall-Wythe School of Law, College of William and Mary, Williamsburg, Va., and Victor J. Stone, General Counsel, American Association of University Professors, Champaign, Ill., for American Association of University Professors, amicus curiae.

HATCHETT, Justice.

We have for review a court order providing for the destruction of obscene materials after seizure, which upheld the validity of section 847.011(7), Florida Statutes (1975). Our jurisdiction vests under article V, section 3(b)(1), Florida Constitution. The case may be disposed of by a construction of the statute which does not involve a ruling upon its constitutionality. We reverse.*

Roberts, a professor of mass...

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