Paris Adult Theatre I v. Slaton

413 U.S. 49 (1973)

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Nature of the Case

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Facts

Two movie theatres in Atlanta showed adult films. The state of Georgia's obscenity statute made the showing of sexually explicit movies a crime. The exterior advertising was not obscene or offensive, and there were signs at the entrance stating that patrons must be 21 years of age, and a warning that anyone offended by nudity should not enter. The films in question included simulated sexual acts as well as nudity. Slaton (P), the local state district attorney and the solicitor for the local state trial court, filed civil complaints alleging that Paris (Ds) were exhibiting two obscene films, contrary to § 26-2101. The two films in question, 'Magic Mirror' and 'It All Comes Out in the End,' depict sexual conduct characterized by the Georgia Supreme Court as 'hardcore pornography' leaving 'little to the imagination.' A temporary injunction was granted ex parte by the local trial court, restraining Ds from destroying the films or removing them from the jurisdiction. The two films were exhibited to the trial court. The films depicted scenes of simulated fellatio, cunnilingus, and group sex intercourse. There was no evidence presented that minors had ever entered the theaters. The trial judge dismissed Ps' complaints. The Georgia Supreme Court unanimously reversed. The sale and delivery of obscene material to willing adults is not protected under the first amendment. They also held the films to be hardcore pornography, and the showing of such films should have been enjoined since their exhibition is not protected by the first amendment. D appealed, and the Supreme Court granted certiorari.