Teitel Film Corp. v. Cusack

Background

A group of film exhibitors were permanently enjoined from showing certain movies in public places in the City of Chicago after city officials refused permits under the Chicago Motion Picture Censorship Ordinance. The ordinance required a permit from the superintendent of police and set out a multi-step review: inspection (amended to require inspection within three days), administrative decisions, appeal to a Motion Picture Appeal Board, and possible filing of an injunction in the Circuit Court of Cook County. A court rule gave priority to injunction complaints, but no rule or statute guaranteed a quick judicial decision. The Illinois Supreme Court held the ordinance’s administration did not violate the exhibitors’ rights.

Reasoning

The Supreme Court examined whether the ordinance’s prior-review system met procedural safeguards announced in Freedman v. Maryland. The key questions were whether the censor would promptly either issue a license or go to court to stop a showing, and whether courts would give a quick final decision to avoid chilling speech. The Court found two fatal defects: the ordinance allowed about 50–57 days for administrative processing before any court action, and it contained no assurance that a trial court would promptly reach a final decision. Because those delays and the lack of guaranteed speedy judicial review violated the Freedman standards, the Court reversed the Illinois Supreme Court and remanded for proceedings consistent with this opinion. The Court did not decide whether the films themselves were obscene.

Real world impact

The ruling protects exhibitors in Chicago from prolonged pre-show censorship by city officials unless the city shortens administrative delay and guarantees speedy court rulings. It means cities using similar multi-step prior-review systems must provide quicker administrative timelines and prompt judicial resolution or face reversal.