Slaton v. Paris Adult Theatre I, No. 26631

CourtSupreme Court of Georgia
Writing for the CourtHAWES; Jack Etheridge
Citation185 S.E.2d 768,228 Ga. 343
PartiesLewis R. SLATON et al. v. PARIS ADULT THEATRE I et al.
Docket NumberNo. 26631
Decision Date05 November 1971

Page 768

185 S.E.2d 768
228 Ga. 343
Lewis R. SLATON et al.
v.
PARIS ADULT THEATRE I et al.
No. 26631.
Supreme Court of Georgia.
Nov. 5, 1971.
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 trial and a preliminary hearing and stipulated that the judgment and order entered by the trial judge would be a final judgment and order in each case. After viewing the motion pictures and hearing the evidence, the trial judge rendered the following judgment. "The State contends that the motion pictures under review in the above actions are obscene. The titles of the films are, 'It All Comes Out in the End,' and 'Magic Mirror.' Assuming that obscenity is established by a finding that the actors cavorted about in the nude

Page 769

indiscriminately, then these films may fairly be considered obscene. Both films are clearly designed to entertain the spectrator and perhaps, depending on the viewer, to appeal to his or her prurient interest. The portrayal of the sex act is undertaken; but the act itself is consistently only a simulated one if, indeed, the viewer can assume an act of intercourse or of fellatio is occurring from the machinations which are portrayed on the screen. Each of the...

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13 practice notes
  • State ex rel. Andrews v. Chateau X, Inc., No. 23
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 4 Enero 1979
    ...leaving "little to the imagination" and held that their further exhibition should have been enjoined. Slaton v. Paris Adult Theatre I, 228 Ga. 343, 347, 185 S.E.2d 768, 770 (1971). The United States Supreme Page 616 Court in a 5-4 decision essentially approved the Georgia civil injunction p......
  • People v. Mature Enterprises, Inc.
    • United States
    • New York City Court
    • 1 Marzo 1973
    ...N.Y.S.2d 628, 277 N.E.2d 651 (1971), cert. granted, 406 U.S. 916, 92 S.Ct. 1765, 32 L.Ed.2d 115 (pending); Slaton v. Paris Adult Theatre, 228 Ga. 343, 185 S.E.2d 768 (1971), cert. granted, 408 U.S. 921, 92 S.Ct. 2487, 33 L.Ed.2d 331 (pending); United States v. Young, 9 Cir., 465 F.2d 1096 (......
  • Paris Adult Theatre v. Slaton 8212 1051, No. 71
    • United States
    • United States Supreme Court
    • 21 Junio 1973
    ...First Amendment standards newly enunciated by the Court in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419. Pp. 69—70. 228 Ga. 343, 185 S.E.2d 768, vacated and remanded. Robert Eugene Smith, Atlanta, Ga., for petitioners. Thomas E. Moran, Atlanta, Ga., for respondent. Mr. C......
  • State v. Gulf States Theatres of Louisiana, Inc., No. 52132
    • United States
    • Supreme Court of Louisiana
    • 29 Junio 1972
    ...of decency. The Georgia Supreme Court had ruled in that case very much as the majority has here. Slaton v. Paris Adult Theatre I, 228 Ga. 343, 185 S.E.2d 768. In addition to a review of the Georgia Supreme Court's holding and the questions set forth, the United States Supreme Court asked fo......
  • Request a trial to view additional results
13 cases
  • State ex rel. Andrews v. Chateau X, Inc., No. 23
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 4 Enero 1979
    ...leaving "little to the imagination" and held that their further exhibition should have been enjoined. Slaton v. Paris Adult Theatre I, 228 Ga. 343, 347, 185 S.E.2d 768, 770 (1971). The United States Supreme Page 616 Court in a 5-4 decision essentially approved the Georgia civil injunction p......
  • People v. Mature Enterprises, Inc.
    • United States
    • New York City Court
    • 1 Marzo 1973
    ...N.Y.S.2d 628, 277 N.E.2d 651 (1971), cert. granted, 406 U.S. 916, 92 S.Ct. 1765, 32 L.Ed.2d 115 (pending); Slaton v. Paris Adult Theatre, 228 Ga. 343, 185 S.E.2d 768 (1971), cert. granted, 408 U.S. 921, 92 S.Ct. 2487, 33 L.Ed.2d 331 (pending); United States v. Young, 9 Cir., 465 F.2d 1096 (......
  • Paris Adult Theatre v. Slaton 8212 1051, No. 71
    • United States
    • United States Supreme Court
    • 21 Junio 1973
    ...First Amendment standards newly enunciated by the Court in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419. Pp. 69—70. 228 Ga. 343, 185 S.E.2d 768, vacated and remanded. Robert Eugene Smith, Atlanta, Ga., for petitioners. Thomas E. Moran, Atlanta, Ga., for respondent. Mr. C......
  • State v. Gulf States Theatres of Louisiana, Inc., No. 52132
    • United States
    • Supreme Court of Louisiana
    • 29 Junio 1972
    ...of decency. The Georgia Supreme Court had ruled in that case very much as the majority has here. Slaton v. Paris Adult Theatre I, 228 Ga. 343, 185 S.E.2d 768. In addition to a review of the Georgia Supreme Court's holding and the questions set forth, the United States Supreme Court asked fo......
  • Request a trial to view additional results

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