State v. Gulf States Theatres of Louisiana, Inc., No. 52132

CourtSupreme Court of Louisiana
Writing for the CourtSanders; CULPEPPER; SANDERS; SUMMERS; SUMMERS
Citation287 So.2d 496
PartiesSTATE of Louisiana and the Parish of Caddo v. GULF STATES THEATRES OF LOUISIANA, INC., et al.
Decision Date03 December 1973
Docket NumberNo. 52132

Page 496

287 So.2d 496
STATE of Louisiana and the Parish of Caddo
v.
GULF STATES THEATRES OF LOUISIANA, INC., et al.
No. 52132.
Supreme Court of Louisiana.
Dec. 3, 1973.
Rehearing Denied Jan. 11, 1974.

Sanders, C.J., Summers, and Marcus, JJ., dissented from denial of rehearing.

Arthur R. Carmody, Jr., John M. Madison, Jr., Wilkinson, Carmody & Peatross, Shreveport, Hopkins P. Breazeale, Jr., Breazeale, Sachse & Wilson, Baton Rouge, for defendants-applicants.

William J. Guste, Jr., Atty. Gen., Harry Howard, LeRoy A. Hartley, Asst. Attys. Gen., John A. Richardson, Dist. Atty., Charles R. Lindsay, Asst. Dist. Atty., for plaintiffs-respondents.

On remand from the United States Supreme Court.

CULPEPPER, Justice Ad Hoc.

The State of Louisiana and the Parish of Caddo initiated proceedings seeking to enjoin the exhibition of the motion picture 'The Stewardesses' under the Abatement of Nuisances Statute, R.S. 13:4711--17, alleging the film to be obscene.

Defendants challenge the constitutionality of the statute under which the suit was instituted and deny that the film is obscene.

After hearing and rehearing in this Court, judgment was entered permanently enjoining defendants from showing any version of the motion picture within Caddo Parish, 264 La. 44, 270 So.2d 547. Certiorari was granted by the United States Supreme Court, 413 U.S. 913, 93 S.Ct. 3063, 37 L.Ed.2d 1037. Thereafter, that Court

Page 497

issued its mandate which ordered our judgment vacated and remanded the cause to us for further consideration in the light of Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49, 93 S.Ct. 2628, 37 L.Ed.2d 446 (1973); Kaplan v. California, 413 U.S. 115, 93 S.Ct. 2680, 37 L.Ed.2d 492 (1973); United States v. 12 200-ft. Reels of Super 8 mm Film, 413 U.S. 123, 93 S.Ct. 2665, 37 L.Ed.2d 500 (1973); United States v. Orito, 413 U.S. 139, 93 S.Ct. 2674, 37 L.Ed.2d 513 (1973); Heller v. New York, 413 U.S. 483, 93 S.Ct. 2789, 37 L.Ed.2d 745 (1973); Roaden v. Kentucky, 413 U.S. 496, 93 S.Ct. 2796, 37 L.Ed.2d 757 (1973); and Alexander v. Virginia, 413 U.S. 836, 93 S.Ct. 2803, 37 L.Ed.2d 993 (1973).

A hearing has been held in this Court on the remand. Defendants again urge the unconstitutionality of R.S. 13:4711--17 and assert that our prior holding anent obscenity is erroneous.

We have, this date, declared R.S. 14:106A(2) unconstitutional as violative of the First and Fourteenth Amendments...

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4 practice notes
  • State v. Welke, No. 43554
    • United States
    • Supreme Court of Minnesota (US)
    • March 1, 1974
    ...478 (La.1973), State v. Shreveport News Agency, Inc., 287 So.2d 464 (La.1973), and State v. Gulf States Theatres of Louisiana, Inc., 287 So.2d 496 6 The state in this case was not permitted to offer police officers as experts on 'contemporary community standards' but defendant was permitted......
  • State v. Shreveport News Agency, Inc., No. 53985
    • United States
    • Supreme Court of Louisiana
    • December 3, 1973
    ...December 3, 1973; State v. McNutt, 287 So.2d 478, rendered December 3, 1973, and State v. Gulf States Theatres of Louisiana, Inc. et al., 287 So.2d 496, rendered December 3, 1973, bring to a crescendo the shambles this majority is making of the criminal laws of this State. In the short spac......
  • Gulf States Theatres of Louisiana, Inc. v. Richardson, No. 54044
    • United States
    • Supreme Court of Louisiana
    • December 3, 1973
    ...by this Court in the case on this same docket, State of Louisiana and the Parish of Caddo v. Gulf States Theatres of Louisiana, et al., 287 So.2d 496, on remand from the United States Supreme Court. The case on remand is not only to be considered in light of Miller v. California, 413 U.S. 1......
  • State v. Gay Times, Inc., No. 52366
    • United States
    • Supreme Court of Louisiana
    • April 29, 1974
    ...of the United States Supreme Court, we held the cited obscenity statute unconstitutional. State v. Gulf States Theatres of La., Inc., 287 So.2d 496 (1973). See, also, State v. Shreveport News Agency, Inc., La., 287 So.2d 464 (1973); State v. McNutt, La., 287 So.2d 478 (1973); Gulf States Th......
4 cases
  • State v. Welke, No. 43554
    • United States
    • Supreme Court of Minnesota (US)
    • March 1, 1974
    ...478 (La.1973), State v. Shreveport News Agency, Inc., 287 So.2d 464 (La.1973), and State v. Gulf States Theatres of Louisiana, Inc., 287 So.2d 496 6 The state in this case was not permitted to offer police officers as experts on 'contemporary community standards' but defendant was permitted......
  • State v. Shreveport News Agency, Inc., No. 53985
    • United States
    • Supreme Court of Louisiana
    • December 3, 1973
    ...December 3, 1973; State v. McNutt, 287 So.2d 478, rendered December 3, 1973, and State v. Gulf States Theatres of Louisiana, Inc. et al., 287 So.2d 496, rendered December 3, 1973, bring to a crescendo the shambles this majority is making of the criminal laws of this State. In the short spac......
  • Gulf States Theatres of Louisiana, Inc. v. Richardson, No. 54044
    • United States
    • Supreme Court of Louisiana
    • December 3, 1973
    ...by this Court in the case on this same docket, State of Louisiana and the Parish of Caddo v. Gulf States Theatres of Louisiana, et al., 287 So.2d 496, on remand from the United States Supreme Court. The case on remand is not only to be considered in light of Miller v. California, 413 U.S. 1......
  • State v. Gay Times, Inc., No. 52366
    • United States
    • Supreme Court of Louisiana
    • April 29, 1974
    ...of the United States Supreme Court, we held the cited obscenity statute unconstitutional. State v. Gulf States Theatres of La., Inc., 287 So.2d 496 (1973). See, also, State v. Shreveport News Agency, Inc., La., 287 So.2d 464 (1973); State v. McNutt, La., 287 So.2d 478 (1973); Gulf States Th......

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