185 S.E.2d 768 (Ga. 1971), 26631, Slaton v. Paris Adult Theatre I

Docket Nº:26631.
Citation:185 S.E.2d 768, 228 Ga. 343
Opinion Judge:HAWES, Justice.
Party Name:Lewis R. SLATON et al. v. PARIS ADULT THEATRE I et al.
Attorney:The films involved in this case are hard core pornography. Their commercial exhibition is not protected by the first amendment, and the trial court erred in refusing to enjoin their exhibition in a theater where all adult persons willing to pay the price were admitted., Hinson McAuliffe, Sol., At...
Case Date:November 05, 1971
Court:Supreme Court of Georgia
 
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Page 768

185 S.E.2d 768 (Ga. 1971)

228 Ga. 343

Lewis R. SLATON et al.

v.

PARIS ADULT THEATRE I et al.

No. 26631.

Supreme Court of Georgia.

November 5, 1971

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 413 U.S. 49.

Casemaker Note: Portions of this opinion were specifically rejected by a later court See CaseCheck

Casemaker Note: Portions of this opinion were specifically rejected by a higher court in 413 U.S. 49

Rehearing Denied Nov. 18, 1971.

Syllabus by the Court

The films involved in this case are hard core pornography. Their commercial exhibition is not protected by the first amendment, and the trial court erred in refusing to enjoin their exhibition in a theater where all adult persons willing to pay the price were admitted.

Hinson McAuliffe, Sol., Atlanta, Thomas E. Moran, Sandy Springs, W. Baer Endictor, Thomas R. Moran, Atlanta, for appellants.

D. Freeman Hutton, Atlanta, Robert Eugene Smith, Towson, Md., for appellees.

HAWES, Justice.

The appeal in this case is from the judgment and order of the Superior Court of Fulton County refusing a temporary injunction against the showing by the defendants, Paris Adult Theater No. I and Paris Adult Theater No. II, of two allegedly obscene motion pictures. Following the procedure approved by this court in Evans Theatre Corp. v. Slaton, 227 Ga. 377, 180 S.E.2d 712, and [228 Ga. 344] followed in Walter et al. v. Slaton, 227 Ga. 676, 182 S.E.2d 464, and in 1024 Peachtree Corp. v. Slaton, 228 Ga. 102, 184 S.E.2d 144. Lewis R. Slaton, as District Attorney of the Atlanta Judicial Circuit, and Hinson McAuliffe, as Solicitor General of the Criminal Court of Fulton County, filed a complaint against the theaters and named individuals praying for a rule nisi to require the defendants to show cause on a date certain why the motion picture films, 'It All Comes Out in the End,' and 'Magic Mirror,' should not be declared obscene and subject to be seized, and seeking in each case an order requiring the defendants to produce the aforesaid motion picture films and that they be temporarily and permanently enjoined from exhibiting the same. The rule nisi was duly issued and served in each case, and an adversary hearing was held pursuant thereto on January 13, 1971 before a Judge of the Superior Court of Fulton County. The parties agreed to waive a jury...

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