CopyCited 12 times | Published | District Court, N.D. Florida | 1969 U.S. Dist. LEXIS 8649
...Gen., State of Florida, Tallahassee, Fla., C. LeDon Anchors, Estergren, Fleet, Fortune & Anchors, Fort Walton Beach, Fla., for defendant. Before CARSWELL, Circuit Judge, and KRENTZMAN and ARNOW, District Judges. OPINION AND ORDER ARNOW, District Judge: Plaintiffs seek judgment declaring Sec. 847.06, Florida Statutes, F.S.A....
...It is now ripe for final decision. This Court has jurisdiction under various statutes, including 28 U.S.C.A. § 1343(3) and 42 U.S.C.A. § 1983. The case is a proper one for a three-judge court under 28 U.S.C.A. §§ 2281, 2284. The challenged statute, F.S. Sec. 847.06, F.S.A., reads as follows: (1) Whoever knowingly transports into the state or within the state for the purpose of sale or distribution, any obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, paper, letter, writing, print, silh...
...ing in the County Judge's Court of Okaloosa County, Florida. The evidence discloses the dates of the two occasions on which the publications were seized from Morrison by the Defendants to be October 17, 1968, and January 15, 1969. Plaintiffs contend Section 847.06, Florida Statutes, F.S.A., is unconstitutional on its face....
...The presumption on its face violates the due-process clause, and the privilege an accused enjoys against being compelled to testify in a criminal case found in the Fifth and Fourteenth Amendments to the Constitution of the United States. For the reasons stated, sub-section (2) of F.S. Sec. 847.06, F.S.A., is unconstitutional and void....
...Apposite here is the reasoning of the Supreme Court of Florida, in State v. Reese,
222 So.2d 732 (1969), in striking from F.S. Sec.
847.011, F.S.A., the word "immoral" as severable and leaving the rest of the statute intact. This is true, notwithstanding the fact that F.S. Sec.
847.06, F.S.A., when enacted, contained no severability clause. Cramp v. Board of Public Instruction of Orange Co.,
137 So.2d 828 (Fla.1962). Sub-section (2) is severable; the rest of the statute is left intact. The rest of F.S. Sec.
847.06, F.S....
CopyCited 7 times | Published | District Court, M.D. Florida
...rpreted the Florida obscenity law in light of the Memoirs standards. A similar confidence in the Florida courts was stated by Morrison v. Wilson,
307 F. Supp. 196 (N.D.Fla., 1969) 3 judge court), in its construction of a companion obscenity statute, section
847.06....
...a film or book is obscene, or whether, in the alternative, one who sells or exhibits must do so at his own risk. In addition, this Court has not been presented with an attack specifically on section
847.011(1) (b), although it is somewhat similar to section
847.06(2), stricken as unconstitutional in Morrison v....
