AMERICAN BOOKSELLERS ASSOCIATION, INC., Association of American Publishers, International Periodical Distributors Association, Council for Periodical Distributors Association, Inc., Salt of the Earth Books and Periodicals, Inc., and New Bedford, Ltd. d/b/a Books West of Santa Fe, Plaintiffs-Appellants, and
National Association of College Stores, Inc., Plaintiff,
v.
Steven H. SCHIFF, in his official capacity as District Attorney for Bernalillo County, New Mexico, and as nominal representative for all District Attorneys in the State of New Mexico, and Hal Stratton, in his official capacity as Attorney General of the State of New Mexico, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 6, 1989.
March 6, 1989.
Attorney(s) appearing for the Case
Michael A. Bamberger of Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey, New York City (David C. Burger of Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey, New York City, with him, on the brief, Burton Joseph of Barsy, Joseph & Lichtenstein, Chicago, Ill., and Philip B. Davis, Legal Director, New Mexico Civil Liberties Union, Albuquerque, N.M., of counsel), for plaintiffs-appellants.
Harry Zimmerman, Asst. Dist. Atty., Second Judicial Dist. (Steven H. Schiff, Dist. Atty., Second Judicial Dist., with him, on the brief), Albuquerque, N.M., for defendants-appellees.
Before HOLLOWAY, Chief Judge, SETH and ANDERSON, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SETH, Circuit Judge.
The plaintiffs in this action — publishers, distributors, and sellers of books, magazines, and other printed and visual materials —sought a judgment in federal district court declaring unconstitutional, and permanently enjoining from enforcement, a New Mexico law that regulates the display of material deemed "harmful to minors." The trial court determined, sua sponte, that the plaintiffs...
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