[Download] "State v. Next Door Cinema Corp." by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State v. Next Door Cinema Corp.
- Author : Supreme Court of Kansas
- Release Date : January 09, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by Defendant-appellant, Next Door Cinema Corporation, appeals from a jury conviction of one count of promoting obscenity. K.S.A. 1977 Supp. 21-4301. Appellant was charged with two counts resulting from the commercial exhibition of two motion picture films entitled Memories Within Miss Aggie and Youthful Lust. Appellant was found not guilty as to one film and guilty as to the other. The sole question raised by appellant is the constitutionality of the entire statute based upon one section thereof. No argument is made that the film itself was not obscene and no attack is made on any other sections of the statute. Our consideration is limited to the determination of the validity and severability of 21-4301(3). Appellant states its point as follows: The defense to an obscenity prosecution contained in K.S.A. 1976 Supp. 21-4301(3) where the dissemination is to persons or institutions having scientific, educational, governmental or similar justification for viewing the material, is impermissibly vague, on its face and as construed and applied to permit the judgment of conviction herein; the defense is not severable from the remainder of K.S.A. 1976 Supp. 21-4301, thus rendering the entire obscenity statute unconstitutionally vague, in violation of the free speech and press and due process guarantees of the first and fourteenth amendments to the United States Constitution and, independently, of Sections 1, 10 and 11 of the Bill of Rights contained in the Kansas Constitution. K.S.A. 1977 Supp. 21-4301 makes the promotion of obscenity a crime. K.S.A. 1977 Supp. 21-4301(3) provides as defenses to the crime:
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