when a statute may be constitutionally applied or enforced, that statute must be upheld against a claim of constitutional infirmity on its face.... Whatever the constitutional requirements may be insofar as prior adversary hearings are concerned, they are implied in the statutes
How later courts described this case
- when a statute may be constitutionally applied or enforced, that statute must be upheld against a claim of constitutional infirmity on its face.... Whatever the constitutional requirements may be insofar as prior adversary hearings are concerned, they are implied in the statutes
Written by the judges who cited it.
The opinion
WILLIAM E. MILLER, Circuit Judge
(concurring).
I concur fully in Judge GRAY’s excellent and well-reasoned opinion in this case. I would only add that I am pre *704 pared at this time as a member of the three-judge court, without the necessity of further proof, to hold and conclude that the film “The Bushwhacker,” personally viewed by all the members of the court, is obscene within the meaning of the Tennessee statute and should be so declared.