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State v. Henry

Citations

  • 732 P.2d 9
  • 302 Or. 510
  • 14 Media L. Rep. (BNA) 1011
  • 1987 Ore. LEXIS 2242

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the protections Article I, section 8, provides to Oregonians are “broader” than the First Amendment to the United States Constitution.
  • noting that the court would “not rule out * * * reasonable time, place and manner regulations of the nuisance aspect of [sexually explicit material]”
  • holding that expression cannot be outlawed solely on ground that it is obscene, but “not rul[ing] out * * * reasonable time, place and manner regulations of the nuisance aspect of [obscene] material or laws to protect the unwilling viewer or children”
  • holding that obscene expression is protected by the Oregon Constitution
  • stating that ''[although the Miller test may pass federal constitutional muster ... the test constitutes censorship forbidden by the Oregon Constitution”
  • invalidating obscenity law as directed at the substance of speech and not covered by an historical exception

Source: CourtListener parenthetical corpus (CC0).

Judges: Peterson, Lent, Linde, Campbell, Carson, Jones

Read full opinion on CourtListener

Cited by

66 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.