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[Download] "Smith v. Long" by Colorado Court of Appeals " eBook PDF Kindle ePub Free

Smith v. Long

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eBook details

  • Title: Smith v. Long
  • Author : Colorado Court of Appeals
  • Release Date : January 06, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

In these appeals, which have been consolidated for the purposes of this opinion, we are called upon to determine the constitutionality of the Colorado Obscenity Statute, section 18-7-101, C.R.S. 1973 (now in 1978 Repl. Vol. 8), et seq. The defendants in People v. Skinner, People v. Royale and People v. G.N.A., Inc., were charged with promoting obscene material, pursuant to section 18-7-103, C.R.S. 1973, and conspiracy to promote obscene material, pursuant to section 18-2-201, C.R.S. 1973 (now in 1978 Repl. Vol. 8), which provide the foundation for the constitutional claim that the statute abridges the First Amendment. In People v. New Horizons, People v. Plateau Management and Investment Co., and People v. Bry-Lyn Corp., the prosecution sought to enjoin the distribution of obscene material. We hold the Colorado Obscenity Statute to be unconstitutional because of the statutory definition of obscene materials, and remand to the respective trial courts for dismissal. (People v. Renegade Royale, Ltd., et al. has previously been dismissed.)


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