City of Chicago v. Fox Film Corp.
| Decision Date | 08 March 1918 |
| Docket Number | 2542. |
| Citation | 251 F. 883 |
| Parties | CITY OF CHICAGO et al. v. FOX FILM CORPORATION. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Rehearing Denied June 4, 1918.
Chester E. Cleveland and Leon Hornstein, both of Chicago, Ill., for appellants.
Charles P. Schwartz, of Chicago, Ill., for appellee.
Before BAKER, KOHLSAAT, and EVANS, Circuit Judges.
This appeal from an order refusing to dissolve a pendente lite injunction involves the construction and application of the following provisions of the ordinances of Chicago:
Section 1 of amendatory ordinance of July 2, 1914: 'That in all cases where a permit for the exhibition of a picture or series of pictures has been refused under the provisions of section 1627 of the Chicago Code of 1911, as amended, because the same tends towards creating a harmful impression on the minds of children where such tendency as to the minds of adults would not exist if exhibited to persons of mature age the general superintendent of police may grant a special permit limiting the exhibition of such picture or series of pictures to persons over the age of twenty-one years: Provided, such picture or pictures are not of such character as to tend to create contempt or hatred for any class of law-abiding citizens.'
Appellants refused to grant a permit under section 1627 for the exhibition of appellee's moving picture, 'The Spy,' but offered a permit 'for adults only' under amendatory section 1.
From the pleadings and affidavits, the following may be accepted as the situation, pending final hearing: The photoplay depicts a young American's efforts to obtain in Germany the list of German spies in America, his capture, torture and death at the hands of a firing squad. There is nothing obscene or immoral; no portrayal of any riotous, disorderly or other unlawful (noscitur a sociis) scene; nothing tending to disturb the public peace; but the action of the play, where great drops of sweat stand out on the face and chest of the hero as he endures torture and...
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Pratt v. Stout, 10584.
...of the facts or a palpable misapplication of wellsettled rules of law on the part of the trial judge." City of Chicago et al. v. Fox Film Corporation (C.C.A.7) 251 F. 883; Security Metal Products Co. et al. v. Kawneer Co. (C.C.A.8) 14 F.(2d) 569, 576, While "it is settled that the mere fact......
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American Civil Liberties Union v. City of Chicago, 33043
...overturned as not within the powers granted by statute or ordinance. See Fox Film Corp. v. City of Chicago, D.C., 247 F. 231, affirmed 7 Cir., 251 F. 883; Schuman v. Pickert, 277 Mich. 225, 269 N.W. 152; Broadway Angels, Inc., v. Wilson, 282 App.Div. 643, 125 N.Y.S.2d 546; cf. Hygienic Prod......
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Federal Trade Commission v. Rhodes Pharmacal Co.
...it appears that there was a palpable misapplication of well-settled rules of law on the part of the trial judge, City of Chicago v. Fox Film Corp., 7 Cir., 251 F. 883, and Walling v. National Ice & Fuel Corp., 7 Cir., 158 F.2d 28. It will, however, reverse for failure to apply appropriate e......
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