State officials in Georgia sought to enjoin the showing of allegedly obscene films at the Paris Adult Theatre. The Theatre clearly warned potential viewers of the sexual nature of the films and required that patrons be at least 21 years of age. The Georgia Supreme Court held that the films were "hard core" pornography unprotected by the Constitution.
Did the Georgia injunction against the films violate the First Amendment's guarantee of freedom of expression?
In a 5-to-4 decision, the Court held that obscene films did not acquire constitutional protection simply because they were exhibited for consenting adults only. Conduct involving consenting adults, the Court argued, was not always beyond the scope of governmental regulation. The Court found that there were "legitimate state interests at stake in stemming the tide of commercialized obscenity," including the community's quality of life and public safety. The Court also noted that conclusive proof of a connection between antisocial behavior and obscene materials was not necessary to justify the Georgia law.
Decisions
Decision: 5 votes for Paris Adult Theatre, 4 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly
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Full Opinion by Justice Warren E. Burger
