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VIDEO SOFTWARE DEALERS ASS'N v. WEBSTER

No. 91-2797WM.

968 F.2d 684 (1992)

VIDEO SOFTWARE DEALERS ASSOCIATION, a Delaware corporation; Missouri Retailers Association, a Missouri corporation; Missouri Grocers' Association, a Missouri corporation; Motion Picture Association of America, Inc., a New York corporation; Video Express, Inc., doing business as Applause Video, a Missouri corporation; Bailey's C.C. Enterprises, Inc., a Missouri corporation, for themselves & as representatives of a class of retailers & distributors that sell or rent or maintain video cassettes or other reproduction devices in the State of Missouri that might be subject to regulation under a newly-enacted Missouri statute entitled "CCS HCS HB 225" [Truly Agreed to & Finally Passed], 1st Reg.Sess. 85th General Assembly, an Act to Repeal Section 573.010, R.S.Mo.Supp.1988, relating to pornography, & to enact in lieu thereof three new sections relating to the same subject, with penalty provisions, & who object to the suppression of constitutionally protected expression by that Act, Appellees, v. William L. WEBSTER, Attorney General, State of Missouri; Richard Callahan, Prosecuting Attorney for Cole County in his official capacity & as a representative of the class of all persons empowered to enforce the Act referred to above, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1992.

Attorney(s) appearing for the Case

Robert L. Presson, Asst. Atty. Gen., Jefferson City, Mo., argued (Michael L. Boicourt, appeared on the brief), for appellants.

James P. Mercurio, Washington, D.C., argued (Charles B. Ruttenberg and David L. Kelleher, Washington, D.C., and William T. Smith, III and Brian D. Williams, Kansas City, Mo., appeared on the brief), for appellees.

Before FAGG and BOWMAN, Circuit Judges, and WOODS, District Judge.

FAGG, Circuit Judge.

This case presents a pre-enforcement challenge to the constitutionality of a Missouri statute that restricts the rental or sale of videocassettes or other video reproduction devices (collectively videos) depicting any type of violence in a defined way. The statute prohibits the rental or sale of these videos to minors and requires video dealers to display or maintain the videos in a separate area within their stores. The statute's challengers...

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