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Adult Video Association v. United States Department of Justice

71 F.3d 563 (1995)

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Adult Video Association v. United States Department of Justice

United States Court of Appeals for the Sixth Circuit

71 F.3d 563 (1995)

Facts

The Adult Video Association (plaintiff) was a trade association made up of members that produced, manufactured, distributed, sold, and rented sexually explicit videotapes. Several members of the association wanted to ship, distribute, and sell a movie entitled After Midnight in West Tennessee. However, the federal government (defendant) had a history of strictly enforcing the obscenity laws in West Tennessee, and members were concerned about possible criminal prosecution. The association filed a declaratory-judgment action and sought a court order declaring that the film was not obscene. The trial court determined that the association did not have standing, and the association appealed.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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