THE PEOPLE, Plaintiff and Appellant,
v.
DONALD JOSEPH WIENER et al., Defendants and Respondents.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
October 28, 1994.
October 28, 1994.
Attorney(s) appearing for the Case
COUNSEL
Edwin L. Miller, Jr., District Attorney, Michael R. Pent and William J. Collins, Deputy District Attorneys, for Plaintiff and Appellant.
Janet LaRue, Cathleen Cleaver, Len L. Munsil and Sheila Green as Amici Curiae on behalf of Plaintiff and Appellant.
Wahrenbrock & Fanshaw, Scott A. Wahrenbrock, Charles T. Bumer and Martin Nebrida Buchanan, under appointments by the Court of Appeal, A. Dale Manicom, Weston, Sarno, Garrou & DeWitt, Clyde F. DeWitt, Cathy E. Crosson and Norman R. Atkins for Defendants and Respondents.
Jenner & Block, Bruce J. Ennis, Jr., Jodie L. Kelley, Sonnenschein, Nath & Rosenthal, Martin J. Foley, Rubin E. Cruse, Jr., Michael A. Bamberger, Julie Goldscheid, Richard R. Spirra, Jordan C. Budd, Carol A. Sobel, Marjorie Heins, Jenner & Block and Ann M. Kappler as Amici Curiae on behalf of Defendants and Respondents.
Court of Appeals of California, Fourth District, Division One.
OPINION
TODD, Acting P.J.
This case concerns the validity of California's obscene matter statutes, Penal Code1 sections 311 and 311.2, as applied to distributors of such matter under the right to privacy set forth in article I, section 1, of the California Constitution. Finding section 311.2 invalid on this privacy right ground, the Municipal Court, San Diego Judicial District, sustained a demurrer without...
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