Teitel Film Corporation v. Cusack

United States Supreme Court

390 U.S. 139

Teitel Film Corp. et al.  v.  Cusack et al., Members of the Motion Picture Appeal Board of the City of Chicago

Appeal from the Supreme Court of Illinois

No. 787.  Argued: N/A --- 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.

PER CURIAM.

Notes