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ADULT VIDEO ASS'N v. U.S. DEPT. OF JUSTICE

No. 92-2884-TUBRO.

853 F.Supp. 263 (1994)

ADULT VIDEO ASSOCIATION, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Defendants.

United States District Court, W.D. Tennessee, Western Division.

March 31, 1994.

Attorney(s) appearing for the Case

Michael F. Pleasants, Memphis, TN, J. Michael Murray, Berkman Gordon Murray & Palda, Cleveland, OH, for plaintiffs.

Robert M. Williams, Office of the U.S. Atty., Memphis, TN, Stuart M. Gerson, Office of the Atty. Gen., Washington, DC, Kevin Simpson, Vincent M. Garvey, U.S. Dept. of Justice, Washington, DC, for defendants.

ORDER ON MOTION TO DISMISS

TURNER, District Judge.

Plaintiffs filed the instant complaint on October 22, 1992, seeking a declaratory judgment under 28 U.S.C. § 2201 that the film entitled "After Midnight" ("the videotape") is protected under the First Amendment to the Constitution and is not legally obscene in the Western District of Tennessee ("the District").1 Defendants have filed a motion to dismiss the complaint or...

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