City of Delavan v. Thomas

Defendant Thomas was convicted of operating a motion picture theatre without a license in violation of a municipal ordinance after his license had been revoked for permitting an obscene motion picture to be shown. On appeal from Ms conviction, defendant contends that the licensing ordinance was unconstitutional.

Delavan ordinance No. 73-6, section 4, provides:

“It shall be unlawful to permit any person to offer or present any motion picture or performance wMch is obscene.

For the purpose of this Ordinance a motion picture or performance is obscene if, whether to the average person, applying…