Cinema Classics, Ltd., Inc., Et Al. v. Busch, District Attorney of Los Angeles County, Et Al.
Headline: Ruling affirms California’s ability to enforce obscenity law and search-and-seizure rules, denying film distributors’ bid to block enforcement and allowing state prosecutions and seizures to proceed.
Holding:
- Allows California to continue enforcing its obscenity law against distributors.
- Denies film distributors’ request to block search-and-seizure enforcement under §§1523–1542.
- Records dissenting views that may prompt future constitutional challenges.
Summary
Background
A group of film distributors challenged California’s obscenity law and the state’s search-and-seizure statutes that help enforce it. They asked a three-judge court for a declaration that the laws were unconstitutional and for a permanent order stopping enforcement. The lower court denied that relief, and the distributors appealed to the Supreme Court. The challenged obscenity statute, California Penal Code §311.2(a), makes possession or distribution of “obscene matter” a misdemeanor under specified circumstances.
Reasoning
The central question was whether the distributors could stop California from enforcing its obscenity law and the related search-and-seizure provisions (§§1523–1542). The Supreme Court, in the judgment recorded here, affirmed the lower court’s denial of the distributors’ requests, leaving enforcement authority intact. The opinion text shows disagreement: Justice Brennan (joined by Justices Stewart and Marshall) and Justice Douglas would have reached a different outcome and would have vacated and sent the case back for further action.
Real world impact
As affirmed, the decision allows California officials to continue using the obscenity statute and the listed search-and-seizure laws against distributors and exhibitors. The distributors remain unable to obtain a permanent block on enforcement under the ruling. The case record also records strong dissenting views that the statute is overbroad and that suppression of sexually oriented material may be constitutionally impermissible in many circumstances.
Dissents or concurrances
Justice Brennan’s dissent says §311.2(a) is overbroad and would invalidate it; Justice Douglas would likewise vacate and remand consistent with his Paris Adult Theatre I dissent.
Opinions in this case:
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