TIMES FILM CORP. V. CHICAGO 365 U.S. 43 (1961) CASE BRIEF

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:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment