D & J ENTERPRISES, INC. v. MICHAELSON

No. 78-372-Appeal.

401 A.2d 440 (1979)

D & J ENTERPRISES, INC. et al. v. Julius C. MICHAELSON, Attorney General et al.

Supreme Court of Rhode Island.

May 14, 1979.


Attorney(s) appearing for the Case

McKinnon & Fortunato, Stephen J. Fortunato, Jr., Pawtucket, DiSandro Associates, Guy R. Bissonnette, Sandra Blanding, Providence, for amicus curiae, The Rhode Island Affiliate of the American Civil Liberties Union, for petitioners.

Dennis J. Roberts, II, Atty. Gen., Allen P. Rubine, Asst. Atty. Gen., John S. Foley, Sp. Asst. Atty. Gen., for respondents.

Nugent & Nugent, J. Joseph Nugent, Jr., Providence, for Harold E. Doran, amicus curiae.

John S. Brunero, Town Sol., West Warwick, for William A. Gallucci, amicus curiae.

Ronald H. Glantz, City Sol., Providence, Joseph A. Rotella, Asst. City Sol., Cranston, for Angelo P. Ricci, amicus curiae.


OPINION

JOSLIN, Justice.

This is a petition filed in the Superior Court under the Uniform Declaratory Judgments Act.1 It seeks a declaration of the constitutionality of this state's obscenity statute, G.L.1956 (1969 Reenactment) §§ 11-31-1 to 13, as amended by P.L.1978, ch. 218 (the Act), that subjects to criminal punishment anyone who willfully or knowingly promotes obscene material for the purpose of commercial gain...

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