FEHLHABER v. STATE OF N. C.

No. 78-1112.

675 F.2d 1365 (1982)

Roger FEHLHABER, et al., Appellees, v. STATE OF NORTH CAROLINA, Edward W. Grannis, District Attorney for the 12th Judicial District of North Carolina, etc., et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 15, 1982.


Attorney(s) appearing for the Case

Thomas J. Ziko, Associate Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., I. Beverly Lake, Jr., Marvin Schiller, Raleigh, N. C., on brief), for appellants.

William E. Seekford, Towson, Md., for appellees.

Before HAYNSWORTH, Senior Circuit Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.


HAYNSWORTH, Senior Circuit Judge:

This is another skirmish in the battle of the purveyors of hard core pornography, seeking the protection of the precious values of the First Amendment, and legislative bodies, seeking to lend protection to other societal values supportive of morality and decorous communities. The North Carolina legislature chose the civil injunctive abatement route for control, a route with many hazards to successful negotiation, but, as now interpreted...

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