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STATE v. PRINCESS CINEMA OF MILWAUKEE

Nos. 78-472-CR, 78-473-CR.

96 Wis.2d 646 (1980)

292 N.W.2d 807

STATE of Wisconsin, Plaintiff-Respondent, v. PRINCESS CINEMA OF MILWAUKEE, INC., Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 3, 1980.

Attorney(s) appearing for the Case

For appellant-petitioner there were briefs by John H. Weston and Fleishman, Brown, Weston & Rohde of Beverly Hills, California; and Stephen M. Glynn and Shellow & Shellow of Milwaukee, and oral argument by John H. Weston of Beverly Hills.

For the plaintiff-respondent the cause was argued by James H. Schaefer, assistant district attorney, with whom on briefs was E. Michael McCann, district attorney of Milwaukee County.

Originally reported in 90 Wis.2d 543, 280 N.W.2d 323.

DAY, J.

The principal question presented for review is whether the criminal obscenity statute is unconstitutionally vague and overbroad. Sec. 944.21(1) (a), Stats. 1977. We conclude that it is overbroad and we decline to further judicially modify the statute to bring it within the strictures of the First Amendment as interpreted by...

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