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Teitel Film Corp. v. Cusack

U.S.
Jan 29, 1968
390 U.S. 139 (1968)

Summary

holding that a period of 50 to 57 days to complete an administrative permit process did not meet the constitutional standard requiring that the official either license, or go to court to restrain, film exhibition within a specified brief period

Summary of this case from Gospel Missions of America v. Bennett

Opinion

APPEAL FROM THE SUPREME COURT OF ILLINOIS.

No. 787.

Decided January 29, 1968.

Appellants, who were permanently enjoined by the Illinois courts from showing certain motion pictures, challenged the Chicago Motion Picture Censorship Ordinance as unconstitutional on its face and as applied. The ordinance allows 50 to 57 days to complete the administrative process, and there is no provision for a prompt judicial decision by the trial court of the alleged obscenity of the film. Held: Appellants' constitutional rights were violated since the requirements of Freedman v. Maryland, 380 U.S. 51, that the censor within a "specified brief period" either issue a license or go to court to restrain showing the film, and that there be "prompt final judicial decision," were not met.

38 Ill.2d 53, 230 N.E.2d 241, judgments reversed and remanded.

Elmer Gertz and Leon N. Miller for appellants.

Raymond F. Simon and Marvin E. Aspen for appellees.


This appeal seeks review of judgments of the Supreme Court of Illinois which affirmed orders of the Circuit Court of Cook County permanently enjoining the appellants from showing certain motion pictures in public places in the City of Chicago, 38 Ill.2d 53, 230 N.E.2d 241. The questions presented are whether the Chicago Motion Picture Censorship Ordinance is unconstitutional on its face and as applied, and whether the films involved are obscene.

In light of our decision, we do not reach, and intimate no view upon, the question whether the films are obscene.

The Chicago Motion Picture Censorship Ordinance prohibits the exhibition in any public place of "any picture . . . without first having secured a permit therefor from the superintendent of police." The Superintendent is required "within three days of receipt" of films to "inspect such . . . films . . . or cause them to be inspected by the Film Review Section . . . and within three days after such inspection" either to grant or deny the permit. If the permit is denied the exhibitor may within seven days seek review by the Motion Picture Appeal Board. The Appeal Board must review the film within 15 days of the request for review, and thereafter within 15 days afford the exhibitor, his agent or distributor a hearing. The Board must serve the applicant with written notice of its ruling within five days after close of the hearing. If the Board denies the permit, "the Board, within ten days from the hearing, shall file with the Circuit Court of Cook County an action for an injunction against the showing of the film." A Circuit Court Rule, General Order 3-3, promulgated May 26, 1965, provides that a "complaint for injunction . . . shall be given priority over all other causes. The Court shall set the cause for hearing within five (5) days after the defendant has answered. . . ." However, neither the rule nor any statutory or other provision assures a prompt judicial decision of the question of the alleged obscenity of the film.

The ordinance was amended during the pendency of the case before the Illinois Supreme Court to require inspection within three days after submission of the films. The members of the Superintendent's Film Review Section, upon his request, "review each motion picture submitted and . . . recommend in writing to the superintendent of police whether to grant or deny a permit."

Comments of the trial judge in this case suggest doubt whether the trial court regarded compliance with this rule to be mandatory: "Mr. Aspen [counsel for the City]: As far as the Court is concerned, it is my understand [ sic] that Judge Boyle in General Rule 3-3, which has nothing to do with the ordinance has said there will be a hearing within five days of either the filing of an answer — "The Court: I am going to have it changed because we just cannot set everything aside to give priority to this kind of litigation. . . . . . "The Court: First amendment matters cannot be anymore important than any other constitutional right or any other citizen's right to have his case heard. "As I said before, it is far more important in my judgment to take care of the broken heads and fractured legs than it is to take care of the bleeding hearts."

The Illinois Supreme Court held "that the administration of the Chicago Motion Picture Ordinance violates no constitutional rights of the defendants." 38 Ill.2d, at 63, 230 N.E.2d, at 247. We disagree. In Freedman v. Maryland, 380 U.S. 51, 58-59, we held ". . . that a noncriminal process which requires the prior submission of a film to a censor avoids constitutional infirmity only if it takes place under procedural safeguards designed to obviate the dangers of a censorship system. . . . To this end, the exhibitor must be assured, by statute or authoritative judicial construction, that the censor will, within a specified brief period, either issue a license or go to court to restrain showing the film. . . . [T]he procedure must also assure a prompt final judicial decision, to minimize the deterrent effect of an interim and possibly erroneous denial of a license." (Emphasis supplied.) The Chicago censorship procedures violate these standards in two respects. (1) The 50 to 57 days provided by the ordinance to complete the administrative process before initiation of the judicial proceeding does not satisfy the standard that the procedure must assure "that the censor will, within a specified brief period, either issue a license or go to court to restrain showing the film." (2) The absence of any provision for a prompt judicial decision by the trial court violates the standard that ". . . the procedure must also assure a prompt final judicial decision. . . ."

Accordingly, we reverse the judgments of the Supreme Court of Illinois and remand the case for further proceedings not inconsistent with this opinion.

It is so ordered.

MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS, agreeing that Freedman v. Maryland, 380 U.S. 51, 58-59, requires reversal of this case, base their reversal also on Redrup v. New York, 386 U.S. 767.

MR. JUSTICE HARLAN concurs in the result.

MR. JUSTICE STEWART bases his concurrence in this judgment upon Redrup v. New York, 386 U.S. 767.


Summaries of

Teitel Film Corp. v. Cusack

U.S.
Jan 29, 1968
390 U.S. 139 (1968)

holding that a period of 50 to 57 days to complete an administrative permit process did not meet the constitutional standard requiring that the official either license, or go to court to restrain, film exhibition within a specified brief period

Summary of this case from Gospel Missions of America v. Bennett

finding a 50 to 57 day time-limit for a movie censorship board to review a film unreasonable because of the chilling effect of this time period on free speech

Summary of this case from Infinity Outdoor, Inc. v. City of New York

invalidating another motion picture censorship ordinance for failure to provide adequate Freedman procedures

Summary of this case from FW/PBS, Inc. v. City of Dallas

invalidating a city's "Motion Picture Censorship Ordinance"

Summary of this case from Twitter, Inc. v. Garland

invalidating same ordinance as applied

Summary of this case from Whole Woman's Health v. Cole

In Teitel Film Corp. v. Cusack, 390 U.S. 139, 141-42, 88 S.Ct. 754, 755-56, 19 L.Ed.2d 966 (1968) (per curiam), the Court summarily held that a period of 50 to 57 days for obtaining an administrative decision did not amount to a "specified brief period" in the film censorship context.

Summary of this case from 11126 Baltimore Boulevard, Inc. v. Prince George's County

In Teitel Film Corp. v. Cusack, 390 U.S. 139, 141-42, 88 S.Ct. 754, 756, 19 L.Ed.2d 966 (1968), the Court summarily held that a period of 50 to 57 days for obtaining an administrative decision did not amount to a "specified brief period" in the film censorship context.

Summary of this case from 11126 Baltimore v. Prince George's

In Teitel Film Corp. v. Cusack, 390 U.S. 139, 141, 88 S.Ct. 754, 755-56, 19 L.Ed.2d 966 (1967) (per curiam), the Supreme Court found that 50 to 57 days is not a specified brief period.

Summary of this case from TK'S VIDEO, INC. v. DENTON COUNTY, TEX

licensing system examining films for obscenity

Summary of this case from Graff v. City of Chicago

invalidating same ordinance as applied

Summary of this case from Kines v. Day

In Teitel, the Supreme Court held that "the 50 to 57 days provided by the ordinance to complete the administrative process before initiation of the judicial proceedings does not satisfy the standard that the procedure must assure 'that the censor will within a specified brief period either issue a license or go to court to restrain showing the film.'"

Summary of this case from T.K.'S Video, Inc. v. Denton County, Tex.

In Teitel Film Corp. v. Cusack, 390 U.S. 139, 88 S.Ct. 754, 19 L.Ed.2d 966 (1968), the Court reviewed a Chicago film censorship ordinance which required a film exhibitor to obtain a permit from the Chicago Police Department prior to showing the film.

Summary of this case from Spokane Arcades, Inc. v. Ray

In Teitel Film Corp. et al. v. Cusack et al., 390 U.S. 139, 88 S.Ct. 754, 19 L.Ed.2d 966 (1968), the Court held invalid the Chicago motion picture censorship ordinance because it did not comply with the requirements set out in Freedman v. Maryland, supra.

Summary of this case from Drive in Theatres, Inc. v. Huskey

In Teitel Film Corporation v. Cusack, 390 U.S. 139, 88 S.Ct. 754, 19 L.Ed.2d 966 (1968), the United States Supreme Court struck down for want of prompt judicial review a city licensing ordinance which provided a 50 to 57 day administrative process before judicial review could be had.

Summary of this case from General Corporation v. State ex Rel. Sweeton
Case details for

Teitel Film Corp. v. Cusack

Case Details

Full title:TEITEL FILM CORP. ET AL. v . CUSACK ET AL., MEMBERS OF THE MOTION PICTURE…

Court:U.S.

Date published: Jan 29, 1968

Citations

390 U.S. 139 (1968)
88 S. Ct. 754

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