Paris Adult Theatre I v. Slaton

413 U.S. 49, 93 S. Ct. 2628, 37 L. Ed. 2d 446 (1973)

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Paris Adult Theatre I v. Slaton

United States Supreme Court
413 U.S. 49, 93 S. Ct. 2628, 37 L. Ed. 2d 446 (1973)

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Facts

Paris Adult Theatre I and Paris Adult Theatre II (collectively, PAD) (defendants) were adult movie theaters in Atlanta, Georgia. The theater entrances clearly stated that the theaters showed mature films and warned that entrants must be at least 21 years old. In December of 1970, local district attorney Slaton (plaintiff) filed a civil complaint against PAD and its owners (defendants) in state court, arguing that PAD was exhibiting two obscene films in violation of state law. He sought an injunction prohibiting PAD from showing the films. After watching the films, which clearly depicted sexual acts, the trial judge deemed the films obscene but concluded that their commercial exhibition was constitutionally protected because reasonable measures had been taken to protect minors from exposure. The Georgia Supreme Court reversed, holding that the sale and delivery of obscene materials even to consenting adults was not protected by the First Amendment and could therefore constitutionally be regulated by the state. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Burger, C.J.)

Dissent (Brennan, J.)

Dissent (Douglas, J.)

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