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United States Ninth Circuit


Powell's Books, Inc. v. Kroger, 09-35153

In a First Amendment challenge to Oregon statutes criminalizing providing minors under the age of eighteen with visual, verbal, or narrative descriptions of sexual conduct for the purpose of sexually arousing the minor or the furnisher, or inducing the minor to engage in sexual conduct, a denial of a preliminary injunction for plaintiffs is reversed where the statutes on their face reached a significant amount of material that was not obscene as to minors, the statutes were unconstitutionally overbroad.

Appellate Information

  • Decided 09/20/2010
  • Published 09/20/2010

Judges

  • M. Margaret McKeown

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Michael A. Bamberger, Michael A. Casper

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