Paris Adult Theatre I v. Slaton

Background

Local state prosecutors sued to stop two Atlanta movie theaters and their owners and managers from showing two films they called obscene under Georgia Code §26-2101. The trial judge dismissed the complaints, the Georgia Supreme Court reversed and ordered an injunction, and on remand the Georgia court again directed the trial court to enjoin the exhibitions. The U.S. Supreme Court denied review, leaving the state-court injunction in place.

Reasoning

The core question raised was whether a state may wholly suppress sexually oriented materials as “obscene” under the First Amendment as applied to the States through the Fourteenth. Justice Brennan (joined by Justices Stewart and Marshall) wrote that, except for distribution to juveniles or offensive exposure to unwilling adults, the First and Fourteenth Amendments bar total suppression of such materials. He concluded §26-2101 is facially overbroad and would have granted review and reversed the Georgia decision.

Real world impact

Because the Supreme Court declined to hear the case, the Georgia injunction barring the films remains effective for now and the theaters must comply with state law. Justice Brennan emphasized procedural problems: the allegedly obscene films were not certified to this Court for its independent review, and it is unclear whether local community standards were used, issues that could affect future proceedings. Four Justices would have granted review and reversed, so the legal outcome could change on further review.

Dissents or concurrances

Justice Brennan’s dissent, joined by two others, explains why the statute is constitutionally overbroad and urges either reversal or a remand for proper consideration under local community standards and independent review.