TIMES FILM CORP. V. CHICAGO
365 U.S. 43 (1961)
NATURE OF THE CASE: Time (P) appealed a decision which validated a statute that requires
submission of all motion pictures for examination prior to their public exhibition.
FACTS: P owned the rights to exhibit in Chicago the film known as 'Don Juan.' It applied
for a permit, as Chicago's (D) ordinance required, and tendered the license fee but refused
to submit the film for examination. D refused to issue a permit. The sole ground for denial
was P's refusal to submit the film for examination as required. P sued seeking injunctive
relief ordering the issuance of the permit without submission of the film and restraining
the city officials from interfering with the exhibition of the picture. P claimed that the
municipal code was a prior restraint within the prohibition of the First and Fourteenth
Amendments. The District Court dismissed the complaint on the grounds that neither a
substantial federal question nor even a justiciable controversy was presented. The Court of
Appeals affirmed, finding that the case presented merely an abstract question of law since
neither the film nor evidence of its content was submitted. The Supreme Court granted
certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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