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CHURCH OF SCIENTOLOGY OF CALIFORNIA v. SIMON

No. CV 76-2160-WPG.

460 F.Supp. 56 (1978)

CHURCH OF SCIENTOLOGY OF CALIFORNIA, on its own behalf and on behalf of its members, et al., Plaintiffs, v. William SIMON, Secretary of the Treasury, et al., Defendants.

United States District Court, C. D. California.

October 13, 1978.

Attorney(s) appearing for the Case

H. Peter Young, Santa Monica, Cal., for plaintiffs.

Andrea Sheridan Ordin, U. S. Atty., Frederick M. Brosio, Jr., Chief, Civ. Div., Michael E. Wolfson, Asst. U. S. Attys., Los Angeles, Cal., for defendants.

Before BARNES, Circuit Judge, and GRAY and FERGUSON, District Judges.

MEMORANDUM OF DECISION

WILLIAM P. GRAY, District Judge.

This three-judge court was convened to consider the constitutionality of 19 U.S.C. § 1305,1 which prohibits the importation into the United States of several categories of documents and articles, including any writing or document that is obscene or contains:

". . . any matter advocating or urging treason or insurrection against the United States, or forcible...

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