Dyson v. Stein

Appellee newspaper publisher, who had been charged with violating a Texas law prohibiting the possession of obscene materials, brought this action in a federal district court for an injunction to prevent the Dallas police from arresting him and seizing his property on obscenity grounds without a prior judicial determination of obscenity and for a declaration of the rights of the parties with respect to the statute. A three-judge court was convened and issued declaratory and injunctive relief, holding two parts of the statute unconstitutional and ruling that another part would be constitutional only if the obscenity definition was changed.

Held: There was no finding of irreparable injury to appellee and hence no proper basis for federal interference with the pending state criminal prosecution. Younger v. Harris, ante, p. 37; Samuels v. Mackell, ante, p. 66.

300 F. Supp. 602, vacated and remanded.

Lonny F. Zwiener, Assistant Attorney General of Texas, reargued the cause for appellants. With him on the brief were Crawford C. Martin, Attorney General, Nola White, First Assistant Attorney General, Pat Bailey, Executive Assistant Attorney General, Robert C. Flowers, Assistant Attorney General, Henry Wade, pro se, Wilson Johnston, N. Alex Bickley, Thomas B. Thorpe, and Preston Dial.

David R. Richards reargued the cause for appellee. With him on the briefs was Melvin L. Wulf.

Stanley Fleishman filed a brief pro se et al. as amici curiae urging affirmance.

PER CURIAM.