SOUNDGARDEN v. EIKENBERRY

Nos. 59947-5; 60093-7.

123 Wn.2d 750 (1994)

871 P.2d 1050

SOUNDGARDEN, ET AL, Respondents, v. KENNETH O. EIKENBERRY, as Attorney General, ET AL, Appellants, NORM MALENG, as Prosecuting Attorney, Interested Party.

The Supreme Court of Washington, En Banc.

April 14, 1994.


Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, William B. Collins, Senior Assistant, and Carol A. Murphy and John J. Samson, Assistants, for appellants.

Preston Thorgrimson Shidler Gates & Ellis, by Paul J. Lawrence and Floyd G. Short; Davis Wright Tremaine, by Daniel Waggoner and Debora K. Kristensen; G. Kent Thorsted (David E. Leibowitz, of counsel), for respondents.

Norm Maleng, Prosecuting Attorney, and Dennis C. McMahon, Senior Deputy.


SMITH, J.

The State1 appeals direct to this court from an order of the King County Superior Court declaring unconstitutional the "Erotic Sound Recordings" statute (House Bill 2554, Laws of 1992, ch. 5, codified as RCW 9.68.050, .060, .070 and .090, and also known as the "Erotic Music Statute") and permanently enjoining its enforcement. Respondents/Cross Appellants, Soundgarden, et al.,2 defend the judgment...

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