interstate
circuit
dallas
argued
decided
april
together
artists
city
dallas
appeal
appellee
city
dallas
enacted
ordinance
establishing
motion
picture
classification
board
classify
films
suitable
suitable
young
persons
defined
years
old
classifying
picture
suitable
young
persons
board
must
follow
standards
set
forth
ordinance
find
judgment
film
describes
portrays
brutality
criminal
violence
depravity
manner
likely
incite
young
persons
crime
delinquency
sexual
promiscuity
abnormal
sexual
relations
manner
likely
incite
encourage
delinquency
sexual
promiscuity
part
young
persons
appeal
prurient
interest
film
shall
considered
likely
produce
results
board
judgment
substantial
probability
create
impression
young
persons
conduct
profitable
desirable
acceptable
respectable
praiseworthy
commonly
accepted
exhibitor
accept
board
suitable
classification
board
must
file
suit
enjoin
showing
picture
board
determination
subject
de
novo
review
ordinance
enforceable
misdemeanor
penalty
injunction
license
revocation
acting
pursuant
ordinance
board
without
giving
reasons
determination
classified
suitable
young
persons
film
viva
maria
appellants
respectively
exhibitor
distributor
following
exhibitor
notice
nonacceptance
board
classification
appellee
petitioned
injunction
alleging
terms
ordinance
classification
warranted
film
portrayal
sexual
promiscuity
two
board
members
testified
hearing
several
scenes
portraying
relationships
contravened
acceptable
approved
behavior
trial
judge
concluding
two
three
features
picture
look
unsuitable
young
people
issued
injunction
appellate
without
limiting
standards
ordinance
affirmed
held
ordinance
violative
first
fourteenth
amendments
unconstitutionally
vague
since
lacks
narrowly
drawn
reasonable
definite
standards
officials
follow
niemotko
maryland
pp
motion
pictures
protected
first
amendment
regulated
except
precise
definite
standards
pp
vice
vagueness
particularly
pronounced
expression
subjected
licensing
vague
censorship
standards
cured
merely
de
novo
judicial
review
unless
narrowed
interpretation
encourage
erratic
administration
term
sexual
promiscuity
defined
ordinance
interpreted
state
courts
failure
limit
term
related
terms
used
ordinance
breadth
standard
profitable
desirable
acceptable
respectable
praiseworthy
commonly
accepted
give
censor
roving
commission
pp
evil
vagueness
cured
regulation
expression
one
classification
rather
direct
suppression
adopted
salutary
purpose
protecting
children
pp
grover
hartt
argued
cause
appellant
briefs
edwin
tobolowsky
louis
nizer
argued
cause
appellant
briefs
paul
carrington
dan
mcelroy
alex
bickley
argued
cause
appellee
cases
briefs
ted
macmaster
briefs
amici
curiae
urging
reversal
filed
irwin
karp
authors
league
america
osmond
fraenkel
edward
ennis
melvin
wulf
alan
levine
american
civil
liberties
union
et
al
justice
marshall
delivered
opinion
appellants
exhibitor
distributor
motion
picture
named
viva
maria
pursuant
city
ordinance
motion
picture
classification
board
appellee
city
dallas
classified
suitable
young
persons
county
upheld
board
determination
enjoined
exhibition
film
without
acceptance
appellants
requirements
imposed
restricted
classification
texas
civil
appeals
affirmed
noted
probable
jurisdiction
consider
first
fourteenth
amendment
issues
raised
appellants
respect
appellee
classification
ordinance
ordinance
adopted
may
summarized
follows
establishes
motion
picture
classification
board
composed
nine
appointed
members
serve
without
pay
board
classifies
films
suitable
young
persons
suitable
young
persons
young
persons
defined
children
reached
birthday
exhibitor
must
specially
licensed
show
suitable
films
ordinance
requires
exhibitor
initial
showing
film
file
board
proposed
classification
film
together
summary
plot
similar
information
proposed
classification
approved
board
affirmatively
agrees
takes
action
upon
within
five
days
filing
majority
board
dissatisfied
proposed
classification
exhibitor
required
project
film
least
five
members
board
earliest
practicable
time
showing
exhibitor
may
also
present
testimony
support
proposed
classification
within
two
days
board
must
issue
classification
order
exhibitor
disagree
must
file
within
two
days
notice
nonacceptance
board
required
go
within
three
days
seek
temporary
injunction
hearing
required
set
application
within
five
days
thereafter
exhibitor
agrees
waive
notice
requests
hearing
merits
permanent
injunction
board
required
waive
application
temporary
injunction
join
exhibitor
request
injunction
issue
within
days
exhibitor
notice
nonacceptance
board
classification
order
suspended
ordinance
define
scope
judicial
review
board
determination
civil
appeals
held
de
novo
review
trial
required
injunction
issues
exhibitor
seeks
appellate
review
injunction
refused
board
appeals
board
must
waive
statutory
notices
times
join
request
exhibitor
advance
case
appellate
docket
everything
assure
speedy
determination
ordinance
enforced
primarily
misdemeanor
penalty
exhibitor
subject
fine
exhibits
film
classified
suitable
young
persons
without
advertisements
clearly
stating
classification
without
classification
clearly
posted
exhibits
program
suitable
suitable
film
knowingly
admits
youth
age
view
film
without
guardian
spouse
accompanying
makes
false
willfully
misleading
statement
submitting
film
classification
exhibits
suitable
film
without
valid
license
therefor
penalty
applicable
youth
obtains
admission
suitable
film
falsely
giving
age
years
person
sells
gives
youth
ticket
suitable
film
makes
false
statements
enable
youth
gain
admission
means
enforcement
exhibitor
provided
repeated
violations
ordinance
persistent
failure
use
reasonable
diligence
determine
whether
seeking
admittance
exhibition
film
classified
suitable
young
persons
age
sixteen
may
basis
revocation
license
show
suitable
films
persistent
failure
exhibition
suitable
film
exhibitor
three
convictions
ordinance
inter
alia
defined
public
nuisances
board
may
seek
restrain
suit
injunctive
relief
substantive
standards
governing
classification
follows
suitable
young
persons
means
describing
portraying
brutality
criminal
violence
depravity
manner
judgment
board
likely
incite
encourage
crime
delinquency
part
young
persons
describing
portraying
nudity
beyond
customary
limits
candor
community
sexual
promiscuity
abnormal
sexual
relations
manner
judgment
board
likely
incite
encourage
delinquency
sexual
promiscuity
part
young
persons
appeal
prurient
interest
film
shall
considered
likely
incite
encourage
crime
delinquency
sexual
promiscuity
part
young
persons
judgment
board
substantial
probability
create
impression
young
persons
conduct
profitable
desirable
acceptable
respectable
praiseworthy
commonly
accepted
film
shall
considered
appealing
prurient
interest
young
persons
judgment
board
calculated
dominant
effect
young
persons
substantially
arouse
sexual
desire
determining
whether
film
suitable
young
persons
board
shall
consider
film
whole
rather
isolated
portions
shall
determine
whether
harmful
effects
outweigh
artistic
educational
values
film
may
young
persons
winters
new
york
struck
vague
indefinite
statutory
standard
interpreted
state
criminal
news
stories
deeds
bloodshed
lust
massed
become
vehicles
inciting
violent
depraved
crimes
joseph
burstyn
wilson
supra
dealt
film
licensing
standard
sacrilegious
found
definition
result
substantially
unbridled
censorship
following
burstyn
held
following
film
licensing
standards
unconstitutionally
vague
character
prejudicial
best
interests
people
said
city
gelling
texas
moral
educational
amusing
harmless
superior
films
department
education
immoral
tend
corrupt
morals
commercial
pictures
regents
approve
films
moral
proper
disapprove
cruel
obscene
indecent
immoral
tend
debase
corrupt
morals
holmby
productions
vaughn
see
also
kingsley
pictures
regents
clark
concurring
result
vice
vagueness
particularly
pronounced
expression
sought
subjected
licensing
may
unlikely
dallas
respect
licensing
motion
pictures
significant
effect
upon
film
makers
hollywood
europe
dallas
may
constitutionally
may
cities
indeed
told
ordinance
used
model
legislation
localities
thus
one
wishes
convey
ideas
medium
course
includes
one
interested
much
expression
making
money
must
consider
whether
proposes
film
proposes
film
within
terms
classification
schemes
unable
determine
ordinance
means
runs
risk
foreclosed
practical
effect
significant
portion
public
rather
run
risk
might
choose
nothing
innocuous
perhaps
save
adult
picture
moreover
local
exhibitor
afford
risk
losing
youthful
audience
film
may
marginal
interest
adults
perhaps
viva
maria
may
contract
show
totally
inane
vast
wasteland
described
reference
another
medium
might
verdant
paradise
comparison
first
amendment
interests
therefore
broader
merely
film
maker
distributor
exhibitor
certainly
broader
youths
course
said
joseph
burstyn
wilson
follow
constitution
requires
absolute
freedom
exhibit
every
motion
picture
every
kind
times
places
follow
least
cases
illustrate
restrictions
imposed
vague
set
censor
adrift
upon
boundless
sea
short
justice
frankfurter
said
legislation
must
vague
language
loose
leave
apply
wide
discretion
kingsley
pictures
regents
concurring
result
one
reason
licensing
rested
first
instance
administrative
agency
available
judicial
review
effect
rendered
inoperative
vagueness
joseph
burstyn
wilson
supra
concurring
opinion
thus
extent
vague
standards
sufficiently
guide
censor
problem
cured
merely
affording
de
novo
judicial
review
vague
standards
unless
narrowed
interpretation
encourage
erratic
administration
whether
censor
administrative
judicial
individual
impressions
become
yardstick
action
result
regulation
accordance
beliefs
individual
censor
rather
regulation
law
kingsley
pictures
regents
supra
clark
concurring
result
dangers
inherent
vagueness
strikingly
illustrated
cases
five
members
board
viewed
viva
maria
eight
members
voted
classify
suitable
young
persons
ninth
member
voting
board
gave
reasons
determination
appellee
alleged
petition
injunction
classification
warranted
film
portrayed
sexual
promiscuity
manner
judgment
board
likely
incite
encourage
delinquency
sexual
promiscuity
part
young
persons
appeal
prurient
interests
two
board
members
clergyman
lawyer
testified
hearing
adverted
several
scenes
film
opinion
portrayed
relationships
way
contrary
acceptable
approved
behavior
acknowledged
reference
scenes
clergymen
involved
violence
farcical
sacrilege
might
entered
board
determination
conceded
asserted
portrayal
sexual
promiscuity
implicit
rather
explicit
product
inference
imagination
viewer
far
judicial
superintendence
de
novo
review
concerned
trial
judge
viewing
film
hearing
argument
stated
merely
oh
realize
gentlemen
might
right
two
three
features
picture
look
unsuitable
young
people
enjoin
exhibitor
exhibiting
civil
appeals
provide
much
enlightenment
narrowing
definition
ordinance
artists
argued
obscenity
standards
similar
set
forth
roth
decisions
controlling
majority
civil
appeals
held
alternatively
cases
applicable
legislation
involved
resulted
suppression
offending
expression
rather
classification
obscenity
standards
applicable
viva
maria
obscene
adults
patently
untenable
conclusion
therefore
entitled
constitutional
protection
obscenity
standards
modified
children
film
obscene
conclusion
terms
given
narrowing
interpretation
specific
provision
ordinance
regard
last
alternative
holding
must
conclude
effect
ruled
portrayal
sexual
promiscuity
acceptable
obscene
children
also
held
standards
ordinance
sufficiently
definite
ibid
thus
left
merely
film
directed
words
ordinance
term
sexual
promiscuity
defined
interpreted
state
courts
extend
depending
upon
one
moral
judgment
obvious
sexual
contacts
outside
marital
relationship
determinative
manner
describing
portraying
subjects
covered
ordinance
see
supra
including
sexual
promiscuity
defined
manner
judgment
board
likely
incite
encourage
delinquency
sexual
promiscuity
part
young
persons
film
likely
incite
encourage
crime
delinquency
sexual
promiscuity
part
young
persons
judgment
board
substantial
probability
create
impression
young
persons
conduct
profitable
desirable
acceptable
respectable
praiseworthy
commonly
accepted
might
excessive
literalism
insist
appellants
last
six
adjectives
stated
disjunctive
represent
separate
alternative
subtle
determinations
board
make
results
suitable
classification
nonetheless
hat
may
one
viewer
glorification
idea
desirable
acceptable
proper
may
notions
another
entirely
devoid
teaching
limits
censor
discretion
understanding
included
within
term
desirable
acceptable
proper
nothing
less
roving
commission
kingsley
pictures
regents
clark
concurring
result
vagueness
attendant
evils
earlier
described
see
supra
rendered
less
objectionable
regulation
expression
one
classification
rather
direct
suppression
cf
bantam
books
sullivan
answer
argument
particular
regulation
expression
vague
say
adopted
salutary
purpose
protecting
children
permissible
extent
vagueness
directly
proportional
function
extent
power
regulate
control
expression
respect
children
chief
judge
fuld
said
essential
legislation
aimed
protecting
children
allegedly
harmful
expression
less
legislation
enacted
respect
adults
clearly
drawn
standards
adopted
reasonably
precise
governed
law
administer
understand
meaning
application
people
kahan
concurring
opinion
province
draft
legislation
suffice
say
recognized
believe
motion
pictures
possess
greater
capacity
evil
particularly
among
youth
community
modes
expression
joseph
burstyn
wilson
supra
indicated
generally
strong
abiding
interest
youth
state
may
regulate
dissemination
juveniles
access
material
objectionable
state
clearly
regulate
adults
ginsberg
new
york
ante
conclude
absence
narrowly
drawn
reasonable
definite
standards
officials
follow
niemotko
maryland
fatal
judgment
texas
civil
appeals
reversed
cases
remanded
proceedings
inconsistent
opinion
ordered
appendix
opinion
section
definition
terms
film
means
motion
picture
film
series
films
whether
full
length
short
subject
include
newsreels
portraying
actual
current
events
pictorial
news
day
exhibit
means
project
film
motion
picture
theatre
public
place
within
city
dallas
tickets
sold
admission
exhibitor
means
person
firm
corporation
exhibits
film
young
person
means
person
attained
sixteenth
birthday
board
means
dallas
motion
picture
classification
board
established
section
ordinance
suitable
young
persons
means
describing
portraying
brutality
criminal
violence
depravity
manner
judgment
board
likely
incite
encourage
crime
delinquency
part
young
persons
describing
portraying
nudity
beyond
customary
limits
candor
community
sexual
promiscuity
abnormal
sexual
relations
manner
judgment
board
likely
incite
encourage
delinquency
sexual
promiscuity
part
young
persons
appeal
prurient
interest
classify
means
determine
whether
film
suitable
young
persons
suitable
young
persons
initial
exhibition
means
first
exhibition
film
within
city
dallas
subsequent
exhibition
means
exhibition
subsequent
initial
exhibition
whether
different
exhibitor
file
means
deliver
city
secretary
safekeeping
public
record
city
dallas
classification
order
means
written
determination
majority
board
classifying
film
granting
refusing
application
change
classification
term
board
used
applied
subsection
section
shall
include
city
dallas
attempting
enforce
ordinance
city
attorney
city
dallas
representing
board
city
dallas
section
establishment
board
hereby
created
board
known
dallas
motion
picture
classification
board
shall
composed
chairman
eight
members
appointed
mayor
city
council
city
dallas
whose
terms
shall
members
city
council
members
shall
serve
without
pay
shall
adopt
rules
regulations
deem
best
governing
action
proceeding
deliberations
time
place
meeting
rules
regulations
shall
subject
approval
city
council
vacancy
occurs
upon
board
death
resignation
otherwise
governing
body
city
dallas
shall
appoint
member
fill
vacancy
unexpired
term
chairman
members
board
shall
good
moral
citizens
city
dallas
shall
chosen
far
reasonably
practicable
manner
represent
cross
section
community
insofar
practicable
members
appointed
board
shall
persons
educated
experienced
one
following
fields
art
drama
literature
philosophy
sociology
psychology
history
education
music
science
related
fields
city
secretary
shall
act
secretary
board
section
classification
procedure
initial
exhibition
exhibitor
shall
file
proposed
classification
film
exhibited
stating
title
film
name
producer
giving
summary
plot
information
board
may
rule
require
together
classification
proposed
exhibitor
board
shall
examine
proposed
classification
approves
shall
mark
approved
file
classification
order
board
fails
act
either
file
classification
order
hold
hearing
within
five
days
proposed
classification
filed
proposed
classification
shall
considered
approved
upon
examination
proposed
classification
majority
board
satisfied
proper
chairman
shall
direct
exhibitor
project
film
five
members
board
suitably
equipped
place
specified
time
shall
earliest
time
practicable
due
regard
availability
film
exhibitor
designated
representative
may
time
make
statement
board
support
proposed
classification
present
testimony
may
desire
within
two
days
board
shall
make
file
classification
film
question
initial
subsequent
exhibitor
may
file
application
change
classification
film
previously
classified
exhibitor
shall
allowed
file
one
application
change
classification
film
application
shall
contain
sworn
statement
grounds
upon
application
based
upon
filing
application
city
secretary
shall
bring
immediately
attention
chairman
board
upon
application
exhibitor
shall
set
time
place
hearing
shall
notify
applicants
interested
parties
including
exhibitors
may
exhibiting
preparing
exhibit
film
board
shall
view
film
hearing
hear
statements
interested
parties
proper
testimony
may
offered
shall
within
two
days
thereafter
make
file
order
approving
changing
classification
classification
film
changed
result
hearing
classification
suitable
young
persons
exhibitors
showing
film
shall
seven
days
alter
advertising
audience
policy
comply
classification
upon
filing
board
classification
order
city
secretary
shall
immediately
issue
mail
notice
classification
exhibitor
involved
exhibitor
shall
request
notice
classification
shall
binding
subsequent
exhibitor
unless
obtains
change
classification
manner
provided
section
offenses
shall
unlawful
exhibitor
employee
exhibit
film
classified
provided
ordinance
exhibit
film
classified
suitable
young
persons
current
advertisement
film
exhibitor
fails
state
clearly
classification
film
exhibit
film
classified
suitable
young
persons
without
keeping
classification
posted
prominently
front
theatre
film
exhibited
knowingly
sell
give
young
person
ticket
film
classified
suitable
young
persons
knowingly
permit
young
person
view
exhibition
film
classified
suitable
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persons
exhibit
film
classified
suitable
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persons
scene
scenes
film
unclassified
film
whether
moving
still
theatre
program
film
classified
suitable
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persons
provided
advertising
preview
trailer
containing
scene
scenes
unclassified
film
film
classified
suitable
young
persons
may
shown
time
separately
classified
suitable
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persons
provisions
section
ordinance
make
false
willfully
misleading
statement
proposed
classification
application
change
classification
proceeding
board
exhibit
film
classified
suitable
young
persons
without
force
license
hereinafter
provided
give
age
falsely
sixteen
years
age
purpose
gaining
admittance
exhibition
film
classified
suitable
young
persons
enter
remain
viewing
room
theatre
film
classified
suitable
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persons
exhibited
state
falsely
married
purpose
gaining
admittance
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film
classified
suitable
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persons
sell
give
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person
ticket
exhibition
film
classified
suitable
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persons
make
false
willfully
misleading
statement
application
change
classification
proceeding
board
make
false
statements
purpose
enabling
young
person
gain
admittance
exhibition
film
classified
suitable
young
persons
section
license
every
exhibitor
holding
motion
picture
theatre
motion
picture
show
license
issued
pursuant
chapter
revised
code
civil
criminal
ordinances
city
dallas
shall
entitled
issuance
license
city
secretary
exhibit
films
classified
suitable
young
persons
section
revocation
suspension
license
whenever
city
attorney
person
acting
direction
ten
citizens
city
dallas
shall
file
sworn
complaint
city
secretary
stating
exhibitor
repeatedly
violated
provisions
ordinance
exhibitor
persistently
failed
use
reasonable
diligence
determine
whether
seeking
admittance
exhibition
film
classified
suitable
young
persons
age
sixteen
city
secretary
shall
immediately
bring
complaint
attention
city
council
shall
set
time
place
hearing
complaint
cause
notice
hearing
given
complainants
exhibitor
involved
city
council
shall
authority
issue
subpoenas
requiring
witnesses
appear
testify
hearing
party
hearing
shall
entitled
process
hearing
evidence
city
council
shall
find
charges
complaint
true
shall
issue
file
order
revoking
suspending
license
provided
insofar
grants
privilege
showing
classified
pictures
specific
period
exceed
one
year
may
issue
reprimand
satisfied
violation
continue
city
council
likewise
notice
hearing
may
revoke
suspend
license
exhibitor
refused
unreasonably
failed
produce
delayed
submission
film
review
requested
board
section
judicial
review
within
two
days
filing
classification
board
order
approving
classification
proposed
exhibitor
exhibitor
may
file
notice
board
classification
stating
intention
exhibit
film
question
different
classification
thereupon
shall
duty
board
following
within
three
days
thereafter
make
application
district
dallas
county
texas
temporary
permanent
injunction
enjoin
exhibitor
contests
classification
exhibiting
film
question
contrary
provisions
ordinance
said
application
temporary
injunction
set
hearing
within
five
days
filing
thereof
event
appears
time
hearing
temporary
injunction
waives
notice
otherwise
provided
texas
rules
civil
procedure
requests
time
set
hearing
proceed
hear
case
texas
rules
civil
procedure
permanent
injunction
merits
board
shall
required
waive
application
temporary
injunction
shall
join
request
event
waive
notice
request
early
hearing
board
application
permanent
injunction
shall
nevertheless
duty
board
obtain
earliest
possible
setting
hearing
provisions
state
law
texas
rules
civil
procedure
injunction
granted
trial
appeals
civil
appeals
board
shall
waive
statutory
notices
times
provided
texas
state
statutes
texas
rules
civil
procedure
shall
within
five
days
receiving
copy
appealing
exhibitor
brief
file
reply
brief
required
prepared
submit
case
upon
oral
submission
take
reasonable
action
requested
appealing
exhibitor
expedite
submission
case
civil
appeals
shall
upon
request
appealing
exhibitor
jointly
exhibitor
request
civil
appeals
advance
cause
upon
docket
give
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setting
afforded
appeal
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injunction
preferential
matters
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appeals
judgment
affirm
judgment
trial
granting
injunction
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exhibitor
file
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writ
error
texas
board
shall
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times
provided
texas
state
statutes
texas
rules
civil
procedure
shall
within
five
days
receiving
copy
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writ
error
file
reply
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prepared
submit
case
upon
oral
submission
take
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action
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shall
upon
request
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exhibitor
jointly
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request
advance
cause
upon
docket
give
preferential
setting
afforded
appeal
temporary
injunction
preferential
matters
district
denies
board
application
injunction
board
elects
appeal
board
shall
required
waive
periods
time
allowed
texas
rules
civil
procedure
motion
new
trial
required
shall
file
said
motion
within
two
days
signing
judgment
following
monday
said
period
ends
saturday
sunday
day
following
period
ends
legal
holiday
shall
amend
said
motion
shall
obtain
hearing
motion
within
five
days
time
motion
new
trial
required
prerequisite
appeal
texas
rules
civil
procedure
board
shall
file
motion
within
ten
days
judgment
signed
district
denying
injunction
within
ten
days
order
overruling
board
motion
new
trial
signed
motion
required
board
shall
complete
steps
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appeal
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appeals
including
filing
transcript
statement
facts
appellant
brief
failure
shall
constitute
abandonment
appeal
filing
record
civil
appeals
board
shall
file
motion
advance
requesting
give
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setting
afforded
appeal
temporary
injunction
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matters
civil
appeals
reverses
trial
trial
granted
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appeals
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reverse
trial
failed
grant
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board
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appeal
decision
civil
appeals
writ
error
state
texas
must
file
motion
rehearing
within
two
days
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decision
civil
appeals
following
monday
said
period
ends
saturday
sunday
day
following
period
ends
legal
holiday
shall
file
application
writ
error
within
ten
days
civil
appeals
order
overruling
motion
rehearing
failure
shall
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rights
appeal
decision
civil
appeals
time
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writ
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board
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also
request
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case
preferential
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exhibitor
file
notice
within
two
days
required
subdivision
section
shall
constitute
acceptance
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order
exhibitor
shall
bound
order
subsequent
proceedings
except
proceedings
may
connection
application
change
classification
subsection
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section
public
nuisances
following
acts
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subdivision
section
ordinance
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film
classified
suitable
young
persons
three
young
persons
admitted
exhibition
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classified
suitable
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persons
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fails
use
reasonable
diligence
determine
whether
persons
admitted
exhibitions
persons
age
sixteen
years
exhibition
film
classified
suitable
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persons
exhibitor
convicted
many
three
violations
subdivisions
subdivision
section
ordinance
connection
exhibition
film
whenever
board
probable
cause
believe
exhibitor
committed
acts
declared
section
public
nuisance
board
shall
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competent
jurisdiction
injunction
restraining
commission
acts
section
exemption
state
law
nothing
ordinance
shall
construed
regulate
public
exhibitions
article
penal
code
state
texas
amended
section
severability
clause
section
subsection
sentence
provision
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phrase
held
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reason
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shall
render
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section
subsection
sentence
provision
clause
phrase
ordinance
deemed
severable
purpose
section
person
shall
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provisions
ordinance
shall
guilty
misdemeanor
upon
conviction
thereof
shall
subject
fine
exceed
two
hundred
dollars
offense
shall
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separate
violation
punishable
separate
offense
day
film
exhibited
classified
according
ordinance
shall
separate
offense
section
ordinance
heretofore
enacted
city
council
city
dallas
april
hereby
things
repealed
held
naught
ordinance
enacted
lieu
thereof
section
fact
ordinance
previously
passed
city
council
city
dallas
declared
unenforceable
courts
federal
district
creates
urgency
emergency
preservation
public
peace
comfort
general
welfare
requires
ordinance
shall
take
effect
immediately
passage
accordingly
ordained
footnotes
ordinance
set
forth
appendix
opinion
parties
disagree
meaning
certain
provisions
authoritatively
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state
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decision
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acceptance
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expressing
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provisions
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assure
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final
determination
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also
provides
initial
subsequent
exhibitor
may
seek
reclassification
film
previously
classified
appellants
assert
despite
seemingly
clear
words
suspension
provision
exhibitors
practice
free
show
films
without
suitable
notification
challenge
pending
even
though
injunction
issued
within
period
see
supra
appellee
says
youths
years
age
accompanied
throughout
showing
picture
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parent
spouse
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appellants
read
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solely
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ensue
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sanctions
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license
held
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butler
michigan
district
judge
hughes
supp
ruling
challenged
appeal
see
interstate
circuit
city
dallas
cir
see
also
teitel
film
cusack
ante
numerous
state
cases
effect
see
police
commissioner
siegel
enterprises
md
cert
denied
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lust
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age
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productions
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corrupt
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film
distributing
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chicago
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standard
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provision
legislative
judicial
definition
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statute
ginsberg
new
york
ante
phrase
harmful
minors
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tests
set
forth
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also
amsterdam
note
doctrine
rev
klein
film
censorship
american
british
experience
vill
rev
ordinance
require
board
give
reasons
action
compare
aclu
city
chicago
app
censoring
authority
refusing
issue
permit
showing
film
obliged
specify
reasons
trial
well
reviewing
record
addition
film
decide
whether
ban
approved
without
procedure
courts
become
final
tribunal
pass
upon
films
tribunal
assume
responsibilities
censoring
authority
accord
zenith
film
city
chicago
cir
see
also
note
harv
rev
bantam
books
sullivan
see
freedman
maryland
supra
response
request
make
findings
trial
judge
stated
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appellants
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contend
addition
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films
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expression
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reach
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opinion
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view
obscenity
standards
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ordinance
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opinion
clarifies
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adopted
appellee
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persons
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books
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charged
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material
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result
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also
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passim
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film
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american
british
experience
vill
rev
note
harv
rev
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also
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county
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angeles
cal
magazine
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supra
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city
chicago
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special
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pictures
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yale
appellants
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city
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freedman
maryland
supra
secure
prompt
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appellate
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assurance
prompt
final
judicial
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think
guaranty
speedy
determination
trial
case
nine
days
board
classification
see
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film
cusack
ante
freedman
violated
requirement
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file
notice
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board
classification
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procedure
requiring
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chooses
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ordinance
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books
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us
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supra
artists
permitted
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trial
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black
joins
concurring
indicated
dissenting
opinion
ginsberg
new
york
ante
assume
arguendo
censorship
obscene
publications
whether
children
adults
area
substantive
due
process
wide
range
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kind
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poem
article
harmful
test
agree
brother
harlan
standard
sexual
promiscuity
dallas
ordinance
sufficiently
precise
discriminating
modern
man
apply
intelligently
approach
problems
course
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reach
result
reaches
reasons
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dissenting
opinions
ginsberg
cases
therefore
concur
reversing
present
judgment
justice
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concurring
ante
dissenting
nos
cases
usher
new
phase
intractable
obscenity
problem
may
state
prevent
dissemination
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obnoxious
material
juveniles
upon
standards
less
stringent
govern
distribution
adults
ginsberg
case
upholds
new
york
statute
applicable
juveniles
construed
state
courts
effect
embodies
diluted
form
adult
obscenity
standards
established
roth
prevailing
opinion
memoirs
massachusetts
nos
interstate
circuit
artists
cases
strikes
ground
vagueness
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ordinance
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however
entirely
obscenity
terms
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cases
pass
judgment
particular
material
condemned
state
courts
enters
new
area
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law
well
take
stock
present
constitutional
field
subject
obscenity
produced
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views
among
members
unmatched
course
constitutional
adjudication
two
members
steadfastly
maintain
first
fourteenth
amendments
render
society
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dissemination
even
filthiest
materials
member
past
present
ever
stated
acceptance
point
view
among
present
members
sharp
divergence
proper
application
standards
roth
supra
memoirs
supra
ginzburg
judging
whether
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material
constitutionally
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present
justices
believe
obscenity
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governmental
control
seemingly
consider
tests
permit
suppression
material
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core
pornography
equal
terms
federal
state
authority
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state
authority
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core
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government
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fourteenth
amendment
permitted
wider
authority
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matter
might
justifiable
strict
application
rules
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differences
among
us
appellate
process
work
reviewing
obscenity
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view
simply
examine
proceedings
ascertain
whether
lower
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state
courts
made
genuine
effort
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case
determinations
questioned
material
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judgment
ultimate
responsibility
hence
incumbent
upon
us
judge
de
novo
obscenity
vel
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viewpoint
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decisions
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roth
held
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bewilderment
standpoint
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approach
required
us
spend
inordinate
amount
time
absurd
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perusing
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mostly
state
cases
better
end
state
judges
except
rare
instances
venture
say
substantial
interest
stake
given
right
control
obscenity
believe
improvement
chaotic
state
affairs
likely
come
recognized
whole
problem
primarily
one
state
concern
constitution
tolerates
much
wider
authority
discretion
control
dissemination
obscene
materials
federal
government
reiterating
viewpoint
expressed
earlier
opinions
limit
federal
control
obscene
materials
recognize
called
hard
core
pornography
withhold
federal
judicial
hand
interfering
state
determinations
except
instances
state
action
clearly
appears
product
prudish
overzealousness
see
roth
supra
manual
enterprises
day
jacobellis
ohio
memoirs
massachusetts
supra
juvenile
field
think
constitution
still
tolerant
state
policy
applications
current
doctrinaire
views
reach
first
amendment
state
affairs
thought
stand
way
functional
approach
revert
basic
constitutional
concepts
recent
times
recognized
respected
fundamental
genius
federal
system
namely
acceptance
wide
state
autonomy
local
affairs
come
cases
hand
ginsberg
concur
judgment
join
opinion
fully
preserving
however
views
repeatedly
expressed
earlier
opinions
field
nos
interstate
circuit
artists
cases
respectfully
dissent
agree
dallas
ordinance
struck
holds
score
vagueness
ambiguities
expresses
concern
essentially
two
first
ordinance
include
definition
sexual
promiscuity
second
ordinance
provides
film
shall
considered
likely
incite
encourage
crime
delinquency
sexual
promiscuity
judgment
board
substantial
probability
create
impression
young
persons
conduct
profitable
desirable
acceptable
respectable
praiseworthy
commonly
accepted
concerned
many
may
disagree
whether
specific
materials
create
impressions
young
persons
seem
entirely
inadequate
grounds
strike
ordinance
must
granted
course
people
may
differ
application
standards
central
lesson
efforts
area
verbal
formulae
including
even
definition
obscenity
reasonable
men
ordinarily
differ
proper
assessment
challenged
materials
truth
demanded
greater
precision
language
city
dallas
give
even
sensibly
expected
area
law
always
asked
much
roth
federal
statute
petitioner
sentenced
five
years
imprisonment
forbade
mailing
material
obscene
lewd
lascivious
filthy
publication
indecent
character
alberts
california
companion
case
roth
california
statute
provided
materials
must
tendency
deprave
corrupt
readers
definitions
included
either
statute
yet
explicitly
rejected
argument
provide
reasonably
ascertainable
standards
guilt
recognized
terms
obscenity
statutes
necessarily
imprecise
emphasized
quoting
petrillo
constitution
require
impossible
standards
required
language
conveys
sufficiently
definite
warning
proscribed
conduct
measured
common
understanding
practices
ibid
yet
repeated
interstate
circuit
cases
unlike
roth
alberts
involve
merely
classification
proscription
criminal
prosecution
objectionable
materials
opinion
ordinance
fail
either
give
adequate
notice
films
restricted
provide
sufficiently
definite
standards
administration
although
finds
unnecessary
pass
judgment
upon
materials
involved
cases
consider
preferable
face
question
upon
premises
set
forth
roth
memoirs
opinions
reiterated
hold
condemning
materials
new
york
city
dallas
acted
within
constitutional
limits
affirm
judgments
three
cases
following
obscenity
cases
date
roth
decided
signed
opinions
written
decision
judgment
total
separate
opinions
among
justices
kingsley
books
brown
four
opinions
roth
supra
four
opinions
kingsley
pictures
regents
six
opinions
smith
california
five
opinions
times
film
chicago
three
opinions
marcus
search
warrant
two
opinions
manual
enterprises
day
three
opinions
bantam
books
sullivan
four
opinions
jacobellis
ohio
six
opinions
quantity
books
kansas
four
opinions
memoirs
massachusetts
supra
five
opinions
ginzburg
five
opinions
mishkin
new
york
four
opinions
see
roth
supra
dissenting
opinion
jacobellis
ohio
supra
separate
opinion
ginzburg
supra
dissenting
opinions
roth
stated
test
whether
average
person
applying
contemporary
community
standards
dominant
theme
material
taken
whole
appeals
prurient
interest
note
omitted
memoirs
elaborated
roth
test
follows
must
established
dominant
theme
material
taken
whole
appeals
prurient
interest
sex
material
patently
offensive
affronts
contemporary
community
standards
relating
description
representation
sexual
matters
material
utterly
without
redeeming
social
value
ginzburg
test
difficult
state
precision
held
close
cases
evidence
pandering
may
probative
respect
nature
material
question
thus
satisfy
roth
test
simply
elaborates
test
obscenity
vel
non
material
must
judged
yet
evidence
pandering
may
support
determination
material
obscene
even
though
contexts
material
escape
condemnation
pandering
evidently
encompasses
every
form
business
purveying
textual
graphic
matter
openly
advertised
appeal
erotic
interest
customers
note
omitted
see
jacobellis
ohio
supra
opinion
brennan
see
concurring
opinion
stewart
see
roth
supra
concurring
dissenting
opinion
memoirs
massachusetts
supra
dissenting
opinion
see
jacobellis
ohio
supra
dissenting
opinion
see
jacobellis
opinion
brennan
roth
supra
concurring
dissenting
opinion
kingsley
pictures
regents
supra
concurring
result
see
keney
new
york
friedman
new
york
ratner
california
cobert
new
york
sheperd
new
york
avansino
new
york
aday
corinth
publications
wesberry
books
rosenbloom
virginia
quantity
copies
books
kansas
mazes
ohio
schackman
california
landau
fording
potomac
news
conner
city
hammond
central
magazine
sales
chance
california
emphasizes
greater
length
failure
board
texas
courts
proffer
clarification
ordinance
compels
examination
ordinance
terms
course
offer
independent
basis
conclusion
ordinance
ambiguous
acknowledges
city
since
adopted
definition
sexual
promiscuity
expresses
views
definition
adequacy
pertinent
note
majority
hold
new
york
statute
issue
kingsley
pictures
regents
supra
impermissibly
vague
statute
forbade
exhibition
film
portrays
acts
sexual
immorality
presents
acts
desirable
acceptable
proper
patterns
behavior
appears
opinion
justice
clark
concurring
result
upon
relies
heavily
described
standard
vague
indeed
justice
frankfurter
said
separate
opinion
strike
law
vagueness
see
also
justice
frankfurter
went
say
exual
immorality
new
phrase
branch
law
implications
dominate
context
hardly
conceive
possible
strike
unconstitutional
federal
statute
mailing
lewd
obscene
lascivious
matter
law
land
nearly
hundred
years
see
act
march
stat
march
stat
whatever
specific
instances
may
found
within
allowable
prohibition
sustaining
legislation
gave
words
lewd
obscene
lascivious
concreteness
saying
concern
sexual
immorality
statute
involved
roth
provides
part
criminal
offense
import
transport
interstate
commerce
obscene
lewd
lascivious
filthy
book
pamphlet
picture
film
paper
letter
writing
print
matter
indecent
character
similarly
provides
criminal
offense
mail
obscene
lewd
lascivious
indecent
filthy
vile
article
see
also
although
sections
makes
profuse
use
disjunctive
definitions
descriptive
terms
provided
went
say
argued
juries
may
reach
different
conclusions
material
statutes
must
held
insufficiently
precise
satisfy
due
process
requirements
common
experience
different
juries
may
reach
different
results
criminal
statute
one
consequences
accept
jury
system
precisely
similar
reasoning
applicable
boards
like
created
dallas
ordinance
although
cost
differences
result
measured
least
initially
film
classifications
lengthy
terms
imprisonment
difficult
see
suppose
memoirs
formula
offers
precise
warnings
film
makers
dallas
ordinance
surely
believe
redeeming
social
value
patent
offensiveness
prurient
interest
particularly
modified
apply
children
terms
common
understanding
clarity
moreover
one
wonders
whether
pandering
rationale
adopted
ginzburg
supra
thought
give
guidance
seek
adjust
conduct
dallas
ordinance
difficult
imagine
standard
vague
overbroad
new
subjectivity
created
search
leer
sensualist
see
magrath
obscenity
cases
grapes
roth
sup
rev