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HOME BOX OFFICE, INC. v. WILKINSON

Civ. No. C 81-0331J.

531 F.Supp. 987 (1982)

HOME BOX OFFICE, INC., a Delaware corporation, Community Television of Utah, Inc., a Nevada corporation, Community Cable of Utah, Inc., a Colorado corporation, Utah Satellite, Inc., a Utah corporation, and Wasatch Community TV, Inc., a Utah corporation, Plaintiffs, v. Hon. David L. WILKINSON, Attorney General of the State of Utah, and Hon. L. Ted Cannon, County Attorney of Salt Lake County, individually and in their official capacities and as representatives of the class of all persons empowered to prosecute violations of Utah Code Ann. § 76-10-1229 (1953), Defendants.

United States District Court, D. Utah, C. D.

January 12, 1982.

Attorney(s) appearing for the Case

Floyd Abrams, Dean Ringel, Susan Buckley, Faith Wender, New York City, Donald B. Holbrook, LeGrand R. Curtis, Jr., Salt Lake City, Utah, for plaintiffs.

Robert R. Wallace, Asst. Atty. Gen., Jerry Kaufman, Salt Lake City, Utah, for defendants.

Brenda L. Fox, James H. Ewalt, James R. Jamison, Jr., Robert St. John Roper, Henry Goldberg, Phillip L. Spector, Washington, D.C., amicus curiae, for National Cable Television Assn.

MEMORANDUM OPINION

JENKINS, District Judge.

In its 1981 Session, the Utah Legislature enacted a statute which would punish as a criminal any person who "shall knowingly distribute by wire or cable any pornographic or indecent material to its subscribers." Utah Code Ann. § 76-10-1229(1) (supp. 1981).1 The key terms "pornographic" and "indecent" are defined wholly by reference...

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