1. Home
  2. Browse Decisions
  3. S.W.2d
  4. 866 S.W.2d
  5. 866 S.W.2d 520 (1993)
 

DAVIS-KIDD BOOKSELLERS, INC. v. McWHERTER

866 S.W.2d 520 (1993)

DAVIS-KIDD BOOKSELLERS, INC.; R.M. Mills Bookstore, Inc.; Austin Periodical Services, Inc.; American Booksellers Association, Inc.; Association of American Publishers; Council for Periodical Distributors Associations; International Periodical Distributors Association, Inc.; National Association of College Stores, Inc.; the Freedom to Read Foundation; Tennessee Library Association; and East Tennessee Library Association, Plaintiffs-Appellants/Cross-Appellees, v. Ned Ray McWHERTER, in his capacity as Governor of the State of Tennessee; Charles W. Burson, in his capacity as Attorney General of the State of Tennessee; Victor S. Johnson, III, in his capacity as the District Attorney for Davidson County, Tennessee; and Robert Kirchner, in his capacity as Chief of Police, Metropolitan Police Department for Nashville and Davidson County, Defendants-Appellees/Cross-Appellants.

Supreme Court of Tennessee, at Nashville.

November 8, 1993.

Attorney(s) appearing for the Case

Michael A. Bamberger, Jacqueline S. Glassman, Sonnenschein Nath & Rosenthal, New York City, F. Clay Bailey, Jr., Dearborn & Ewing, Barry Friedman, Vanderbilt University School of Law, Nashville, for plaintiffs-appellants.

Charles W. Burson, Atty. Gen. & Reporter, John B. Nisbet, III, Asst. Atty. Gen., Nashville, Jerry L. Smith, Deputy Atty. Gen., for defendants-appellees.

OPINION

ANDERSON, Justice.

In this case, we are asked to determine a conflict between a citizen's constitutional right—freedom of speech—and the State's right to protect minors from harm.

The principal issue before us is whether a Tennessee statute regulating the display of materials deemed "harmful to minors" is facially unconstitutional under the United States and Tennessee Constitutions.

The plaintiffs—booksellers...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases