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Brockett v. Spokane Arcades, Inc. (docket #: 84-28) (1985)  [Findlaw]

Argument Date 02/20/1985
Decided 6/19/1985
Supreme Court Vote 3-3-2
Note Decided together with Eikenberry v. J-R Distributors, Inc. (No. 84-143)
Supreme Court Ruling First Amendment claim denied; only part of the statute included protected expression.
 
IssueWhether an appeals court erred in invalidating in its entirety a Washington statute aimed at preventing and punishing the publication of obscene materials.
Majority Opinion White, J. (Powell, J. not participating)
Concurring Opinion O'Connor, J. (joined by Burger, C.J., & Rehnquist, J.)
Dissenting Opinion Brennan, J. (joined by Marshall, J.)
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim upheld
Oral Arguments Audio (Oyez)  [Oyez]
Lawyers
For Petitioner
Christine O. Gregoire, Deputy Attorney General of Washington

For Respondent
John H. Weston

Briefs
For United States
Solicitor General Lee, Assistant Attorney General Trott, and William C. Bryson (for petitioner)

For Amicus
James J. Clancy, Lawrence J. Warren, and Daniel Kellogg for Lawrence J. Warren, City Attorney for the City of Renton, Washington (for petitioner)

Bruce A. Taylor and Sandor O. Shuch for Tom Collins, County Attorney for the County of Maricopa, Arizona (for petitioner)

Jacqueline Smith Pierce for Mississippi Citizens for Decency Through Law

John J. Walsh for Morality in Media, Inc. (for petitioner)

Michael A. Bamberger for the American Booksellers Association, Inc.

Michael P. Farris for Concerned Women for America Education and Legal Defense Foundation (for petitioner)

Paul C. McCommon III for Citizens for Decency Through Law, Inc (for petitioner)

Robert K. Corbin, Attorney General, for the State of Arizona et al. (for petitioner)

Ruling - Lower Court
725 F.2d 482
News
Greenhouse, Linda, "Supreme Court Roundup," The New York Times, June 20, 1985, Sect. B, p. 10
Hager, Philip, "Court to Rule on Gay Rights," The Los Angeles Times, Oct. 2, 1984, Sect. B, p. 7
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