Adult Video Ass'n v. Reno, No. 90-55252

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation41 F.3d 503
Docket NumberNo. 90-55252
PartiesADULT VIDEO ASSOCIATION; Doe, Inc.; Roe, Inc.; Paul Poe, Plaintiffs-Appellants, v. Janet RENO, * Attorney General of the United States, Defendant-Appellee.
Decision Date30 November 1994

Page 503

41 F.3d 503
63 USLW 2415
ADULT VIDEO ASSOCIATION; Doe, Inc.; Roe, Inc.; Paul Poe,
Plaintiffs-Appellants,
v.
Janet RENO, * Attorney General of the United
States, Defendant-Appellee.
No. 90-55252.
United States Court of Appeals,
Ninth Circuit.
Nov. 30, 1994.

Before: TANG, REINHARDT, and WIGGINS, Circuit Judges.

Adult Video Association, Doe, Inc., Roe, Inc., and Paul Poe (collectively, "Adult Video") filed an action seeking a declaration that the federal Racketeer Influenced and Corrupt Organizations Act's ("RICO") criminal penalty provisions found under 18 U.S.C.

Page 504

Sec. 1963 are facially unconstitutional when enforced against obscenity offenses. The district court granted the government's motion to dismiss for failure to state a claim. Adult Video appealed the district court's dismissal of its First Amendment challenge to RICO's criminal penalty provisions. We affirmed in part and reversed in part, holding that (1) Adult Video satisfied standing and ripeness requirements; (2) RICO's criminal penalty provisions were neither unconstitutionally chilling nor overbroad; (3) the provision authorizing pre-trial seizures of obscene materials was unconstitutional; and (4) the provisions authorizing post-trial forfeiture were facially invalid to the extent they authorized forfeiture of "those assets or interests of the defendant invested in legitimate expressive activity being conducted by parts of the enterprise uninvolved or only marginally involved in the racketeering activity." Adult Video Ass'n v. Barr, 960 F.2d 781, 791 (9th Cir.1992).

The government filed a petition for writ of certiorari, which was granted. Reno v. Adult Video Ass'n, --- U.S. ----, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993). The Supreme Court vacated our judgment and remanded the case to us for further consideration in light of Alexander v. United States, --- U.S. ----, 113 S.Ct. 2766, 125 L.Ed.2d 441 (1993). Id. Upon further consideration, we conclude that parts I, II, III, IV, V(A) and V(B)(1) of our prior opinion's discussion section are either supported or unaffected by Alexander and, therefore, order that those parts be readopted in their entirety. However, we conclude that part V(B)(2) of our prior opinion's discussion section, as well as our conclusion section referencing RICO's post-trial criminal forfeiture provisions, is affected by Alexander and cannot be readopted.

In part V(B)(2), we expressed our concern that RICO's post-trial criminal forfeiture...

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13 practice notes
  • Lopez v. Candaele, No. 09–56238.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 16, 2010
    ...Cir.1992), vacated sub nom. Reno v. Adult Video Ass'n, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994). But “general threat[s] by officials to enforce those laws which they are charged to administer” do not create the necessary i......
  • Sullivan v. City of Augusta, No. CV-04-32-B-W.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • December 22, 2005
    ...with any Page 105 ripeness problem"), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994)). Here, Plaintiffs had a reasonable fear the ordinance would apply to their application. Therefore, their claims would have been ripe ......
  • National Audubon Society v. Davis, No. C-98-4610-CAL.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 30, 2000
    ...on other grounds, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), adopted in pertinent part sub nom. Adult Video Ass'n v. Reno, 41 F.3d 503, 504 n. 1 (9th Cir.1994)("active enforcement" of a statute creates a reasonable fear of Having considered the relevant factors, this court conclu......
  • Thomas v. Anchorage Equal Rights Com'n, Nos. 97-35220
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 14, 1999
    ...960 F.2d 781, 786 (9th Cir.1992), vacated sub nom., 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th We look to several factors in determining whether a "reasonable threat" of prosecution exists. For instance, this court has deemed it signi......
  • Request a trial to view additional results
13 cases
  • Lopez v. Candaele, No. 09–56238.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 16, 2010
    ...Cir.1992), vacated sub nom. Reno v. Adult Video Ass'n, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994). But “general threat[s] by officials to enforce those laws which they are charged to administer” do not create the necessary i......
  • Sullivan v. City of Augusta, No. CV-04-32-B-W.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • December 22, 2005
    ...with any Page 105 ripeness problem"), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994)). Here, Plaintiffs had a reasonable fear the ordinance would apply to their application. Therefore, their claims would have been ripe ......
  • National Audubon Society v. Davis, No. C-98-4610-CAL.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 30, 2000
    ...on other grounds, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), adopted in pertinent part sub nom. Adult Video Ass'n v. Reno, 41 F.3d 503, 504 n. 1 (9th Cir.1994)("active enforcement" of a statute creates a reasonable fear of Having considered the relevant factors, this court conclu......
  • Thomas v. Anchorage Equal Rights Com'n, Nos. 97-35220
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 14, 1999
    ...960 F.2d 781, 786 (9th Cir.1992), vacated sub nom., 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th We look to several factors in determining whether a "reasonable threat" of prosecution exists. For instance, this court has deemed it signi......
  • Request a trial to view additional results

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