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CINEMA I VIDEO, INC. v. THORNBURG

No. 49A87.

358 S.E.2d 383 (1987)

320 N.C. 485

CINEMA I VIDEO, INC. d/b/a Cinema I Video et al., v. Lacy H. THORNBURG, Attorney General of the State of North Carolina, et al., NORTH AMERICAN VIDEO, LTD. OF DURHAM, d/b/a North American Video, et al., v. Lacy H. THORNBURG, Attorney General of the State of North Carolina, et al., NORTH CAROLINA ASSOCIATION OF FAMILY ENTERTAINMENT CENTER, INC. v. Lacy H. THORNBURG. PARKER NEWS, INC., a North Carolina Corporation, et al., v. Lacy H. THORNBURG, Attorney General of the State of North Carolina, et al.

Supreme Court of North Carolina.

July 28, 1987.

Attorney(s) appearing for the Case

Kirby, Wallace, Creech, Sarda, Zaytoun & Cashwell by David F. Kirby and Robert E. Zaytoun, Raleigh, for plaintiff-appellants Cinema I Video, Inc., et al., North American Video, Ltd., et al. and North Carolina Association of Family Entertainment Centers, Inc.

Whitley, Coley and Wooten by Everette L. Wooten, Jr., Kinston, for plaintiffs-appellants Parker News, Inc., et al.

Lacy H. Thornburg, Atty. Gen. by Andrew A. Vanore, Jr., Chief Deputy Atty. Gen., Edwin M. Speas, Jr., Sp. Deputy Atty. Gen., and Thomas J. Ziko, Asst. Atty. Gen., Raleigh, for defendants-appellees.

North Carolina Civil Liberties Union Legal Foundation by William G. Simpson, Jr., Greensboro, and M. Jackson Nichols, Raleigh, amicus curiae.

North Carolina Academy of Trial Lawyers, PHE, Inc., and Philip Harvey, Washington, D.C., by David S. Rudolf, Chapel Hill, and Bruce J. Ennis, Washington, D.C., amici curiae.

WHICHARD, Justice.

Plaintiffs brought this declaratory judgment action seeking to have amendments to North Carolina's obscenity laws declared facially unconstitutional and further seeking to enjoin defendants from enforcing the statutes against them. These amendments were enacted on 11 July 1985 as House Bill 1171, entitled "AN ACT TO STRENGTHEN THE OBSCENITY LAWS, TO PROTECT MINORS FROM HARMFUL MATERIAL THAT DOES NOT RISE TO THE LEVEL OF OBSCENITY, AND TO STOP THE...

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