# State v. Reece

> Washington Supreme Court · June 23, 1988 · 110 Wash. 2d 766

URL: https://www.frixlaw.com/law-library/cases/9594807

## Case

- **Full name:** The State of Washington, Respondent, v. Byron B. Reece, Et Al, Appellants; The State of Washington, Appellant, v. J-R Distributors, Inc., Et Al, Respondents
- **Court:** Washington Supreme Court
- **Decided:** June 23, 1988
- **Citations:** 110 Wash. 2d 766; 757 P.2d 947
- **Precedential status:** Published
- **Opinion:** Concurrence by Andersen
- **Judges:** Goodloe, Andersen, Utter
- **Cited by:** 51 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9594807

## How later opinions describe it (automated extraction)

- recognizing that the concept of free speech in the Washington Constitution, which states that “[e]very person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right,” is interpreted more broadly than the federal constitution
- stating that the proper inquiry under Gunwall is whether "on a given subject matter" the Washington constitutional provision should give greater protection than the niinimum protection afforded by the federal constitution
- holding that state constitution does not offer broader protection in the context of obscenity, which was criminalized both immediately before and after ratification of the state constitution
- noting, as part of its Gunwall analysis, that Washington criminalized obscenity both immediately prior to and after ratification of the state constitution

## Opinion text

Andersen, J.
(concurring with majority) — I agree with much of what Justice Utter writes in his dissent concerning the breadth of the state constitution's protection of free speech and press. As the majority opinion explains, however, obscenity has never been protected by either the state or the federal constitutions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9594807. Public record. Not legal advice.