United States Supreme Court 413 U.S. 49 ( 1973)
[Editors' Note: Civil complaints were filed in Atlanta in 1970 alleging that two Atlanta, Georgia movie theaters were each exhibiting an obscene film, asking that the films be declared obscene, and asking that the theaters be enjoined from showing them. The trial court dismissed the complaints, but, on appeal, the Georgia Supreme Court held that the showing of the films should have been enjoined. The United States Supreme Court upheld the latter decision. Mr. Chief Justice Burger here argues that "the States have a legitimate interest in regulating commerce in obscene material and in regulating exhibition of obscene material in places of public accommodation." Mr. Justice Brennan dissents. We have edited the judgements and renumbered footnotes as necessary.)
Mr. Chief Justice BURGER delivered the opinion of the Court. . . .
[5-7] We categorically disapprove the theory, apparently adopted by the trial judge, that obscene, pornographic films acquire constitutional immunity from state regulation simply because they are exhibited for consenting adults only. This holding was properly rejected by the Georgia
Reprinted with permission from 93A S.Ct. 2628. Copyright © 1973 by West Publishing Company.