BYNUM

v.

UNITED STATES

Citator

Cited By

• M.S. News Co. a Kan. Corp. v. Casado, 721 F.2d 1281 (10th Cir. 1983)
  …itutional pri- or restraint” because decision that movie is obscene is made and license is revoked before opportunity to have a court determine if movie is obscene); Penthouse Internat'l Ltd. v. McAuliffe, 610 F. 2d 1353 (5th Cir.), cert. dismissed, 447 U.S. 931, 100 S.Ct. 3031, 65 L.Ed.2d 1131 (1980) (where authorities embarked on program of arresting everyone who distributed certain publications and made this action public, causing retailers in county to cease selling publications, the conduct amounted to…
• Odell Hargrow Hill v. Estelle, 653 F.2d 202 (5th Cir. 1981)
  …riate range of punishment. Violation of state sentencing statutes can in certain circumstances invoke the due process protections of the Constitution. See Hicks v. Oklahoma, 447 U.S. 343, 100 S.Ct. 2227, 65 L.Ed.2d 175 (1980); Willeford v. Estelle, 447 U.S. 931, 100 S.Ct. 3032, 65 L.Ed.2d 1126 (1980), vacating and remanding for further consideration in light of Hicks v. Oklahoma, 538 F. 2d 1194 (5th Cir. 1976). In Willeford, the petitioner was an habitual drug offender and should have been sentenced unde…
• RED Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981)
  …eal to the prurient interest are to be determined by fact-finders assuming the perspective of “the average person, applying contemporary community standards.” Playboy Publications, Inc. v. McAuliffe, 610 F. 2d 1353, 1363 (5th Cir.), cert. dismissed, 447 U.S. 931, 100 S.Ct. 3031, 65 L.Ed.2d 1131 (1980). Explaining the rationale behind reliance on community standards to define the scope of First Amendment rights, Justice Burger stated “[i]t is neither realistic nor constitutionally sound to read the First Am…