Opinion

Yorko v. State

  • 690 S.W.2d 260
  • 1985 Tex. Crim. App. LEXIS 1395
Court
Court of Criminal Appeals of Texas
Filed
May 22, 1985
Status
Published
Author
Miller
On the bench
Thomas G. Davis
Cited by
28 cases
Authority
More cited than 8.3%

holding, based on Paris Adult Theatre I and Roth, that it is "appropriate for the State to act to protect the 'social interest in order and morality' or 'decency' ”

How later courts described this case

  • holding, based on Paris Adult Theatre I and Roth, that it is "appropriate for the State to act to protect the 'social interest in order and morality' or 'decency' ”
  • holding, based on Paris Adult Theatre I and Roth, that it is Aappropriate for the State to act to protect the >social interest in order and morality= or >decency=@
  • statute criminalizing promotion of and possession with intent to promote obscene devices upheld as legitimate exercise of state police power, justified under rationale of protecting the societal interest in order and morality
  • statute does not violate right of privacy

Written by the judges who cited it.

The opinion

*274 MILLER, Judge,

dissenting.

Perhaps Mr. Justice Brennan has already said it all:

“Although there is a remote possibility that a given state court will be the first to discover a latent constitutional issue and to order redress if the issue is properly raised, it is far more likely that the court will fail to appreciate the claim and reject it out of hand.”

Mr. Justice Brennan in Reed v. Ross, — U.S. -, 104 S.Ct. 2901, 2910 , 82 L.Ed.2d 1 (1984).

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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