Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

In Berger, reviewing a conviction for promotion of obscene materials in violation of a state statute, we held that: we must find not only that the obscenity standards of the statute, as construed under the First Amendment, are met, but also that there has been some abuse of freedom of speech, as envisioned under the broader protective standard of Article II, Section 10 of …

- in Bock v. Westminster Mall Co., 1991 and 4 similar citations

Of course, even if Ginsberg had held that the portrayal of the nude buttocks or breast could be obscene, that ruling might be subject to review in light of the increased exposure of minors to nudity during the past eight years.

- in Juvenile Obscenity Statutes: A Proposal and Analysis and one similar citation

Justice Brennan in Hamling (supra note 38), but especially in Jenkins (supra note 78), cautioning, in the latter, that even now "appellate courts-including this Court-lmustl review independently the constitutional fact of obscenity..."

- in Obscenity, Copyright, And The Arts and one similar citation

But the court avoided the constitutional issue in Berger by relying on the principle enunciated one month earlier in Houston v. Manerbino, that the question of whether materials were obscene was in the first instance a matter of law for the court to decide

- in Obscenity Law in Colorado: The Struggle to Pass a Constitutional Statute and one similar citation

Focusing on a statement in Mi/er that states could prohibit only patently offensive "hard core" sexual conduct, the court in Berger stated: "In our view, while the photographs depict male and female genitals in a non-turgid state, they do not reveal any form of sexual conduct which could be categorized as' hard core'pornography or which would be patently offensive to most …

- in Obscenity Law in Colorado: The Struggle to Pass a Constitutional Statute and one similar citation

Raoul Berger has stated: If I have not misread history, the power of legislative inquiry into executive conduct at the time of the Constitution was virtually unlimited; and on the whole it has served the democratic process well.

- in University of Michigan Journal of Law Reform and one similar citation

—the Colorado Supreme Court had its first opportunity to examine an obscenity prosecution in light of the Mier standards.

- in Obscenity Law in Colorado: The Struggle to Pass a Constitutional Statute

To what extent the rejection of the "social importance" test is due to Justice White's dissenting diatribe in Fanny Hill, 383 US 413, 461 (1966) is, of course, conjectural, but his language is sufficiently devastating to permit the coupling.

- in Obscenity, Copyright, and the Arts and one similar citation

With respect to expressive freedoms, this court has recognized that the Colorado Constitution provides broader free speech protections than the Federal Constitution

- in Tattered Cover, Inc. v. City of Thornton, 2002