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STATE v. AMATO

Nos. State 102, 103.

49 Wis.2d 638 (1971)

183 N.W.2d 29

STATE, Respondent, v. AMATO, Appellant. STATE, Respondent, v. ROCKEY, Appellant.

Supreme Court of Wisconsin.

Decided February 2, 1971.

Attorney(s) appearing for the Case

For the appellants there were briefs by Garrigan, Keithley, O'Neal, Dobson, Elliott & DeLong of Beloit, and oral argument by Jerome Elliott.

For the respondent the cause was argued by William F. Eich, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HANLEY, J.

The following issues are presented on appeal:

(1) Are the magazines involved in this appeal constitutionally not obscene as a matter of law;

(2) Has Redrup v. New York1 overruled or limited pre-existing holdings on the government's authority to regulate obscene material;

(3) Was it necessary for the state to prove by affirmative proof that the materials involved in this appeal were patently offensive...

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