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PEOPLE v. NEUMAYER

Docket No. 59093, (Calendar No. 2).

405 Mich. 341 (1979)

275 N.W.2d 230

PEOPLE v. NEUMAYER

Supreme Court of Michigan.

Decided February 5, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Lawrence J. Bunting, Assistant Prosecuting Attorney, for the people.

Taylor & Rubin for defendant.

Amici Curiae:

Edward M. Wise, General Counsel, for American Civil Liberties Union Fund of Michigan.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Thomas C. Nelson, Assistant Attorney General, for the Department of Attorney General.

Decided February 5, 1979. Rehearing denied 406 Mich. 1118.

BLAIR MOODY, JR., J.

The sole issue before this Court is whether the Michigan criminal obscenity statute, MCL 750.343a; MSA 28.575(1), which proscribes the knowing dissemination of obscene materials, is constitutionally valid and enforceable on its face as it pertains to consenting adults under the First Amendment of the United States Constitution1

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