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511 DETROIT STREET, INC. v. KELLEY

Nos. 85-1279, 85-1622 and 85-1642.

807 F.2d 1293 (1986)

511 DETROIT STREET, INC., and Executive Art Studios, Inc., Plaintiffs-Appellees, v. Frank J. KELLEY, in his official capacity as Attorney General, State of Michigan, (85-1279) Defendant-Appellant. DEQUINDRE BOOKS AND NEWS, INC., and F.P. Books and News, Inc., Plaintiffs-Appellees. v. Hon. Frank J. KELLEY, in his official capacity as Attorney General, State of Michigan, (85-1642) and L. Brooks Patterson, in his official capacity as Prosecuting Attorney of the County of Oakland, State of Michigan, (85-1622) Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1986.

Rehearing and Rehearing Denied February 13, 1987.

Attorney(s) appearing for the Case

Stephen M. Taylor (argued), Southfield, Mich., for plaintiffs-appellees.

George H. Weller (argued), Asst. Atty. Gen., Louis J. Caruso, Sol. Gen., Lansing, Mich., Allen M. Wolf, Asst. Pros. Atty., Richard H. Browne (argued), Pontiac, Mich., for defendants-appellants.

Before KRUPANSKY and BOGGS, Circuit Judges, and PORTER, Senior District Judge.

Rehearing and Rehearing En Banc Denied February 13, 1987.

BOGGS, Circuit Judge.

Defendants-appellants appeal from an order of District Judge Stewart A. Newblatt of the Eastern District of Michigan ruling that a portion of Michigan's anti-obscenity law is unconstitutionally vague and overbroad and that it acts as an impermissible restraint on protected speech. For the reasons set forth below, we reverse and remand.

I.

The 1984 Michigan anti...

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