Scuncio v. Columbus Theatre, Inc.
Supreme Court of Rhode Island
1Opinion of the Court
*614Kelleher, J.
This appeal arises after a hearing before a Superior Court justice and an entry of a judgment declaring the movie “Without A Stitch” to be obscene and enjoining the defendants from showing the film. The plaintiffs are members of the Bureau of Licenses of the City of Providence. They have instituted this suit in accordance with the provisions of G. L. 1956, §5-22-5, as amended by P. L. 1966, chap. 260, sec. I.1
In determining that the movie was obscene the trial justice applied the three points of the so-called Roth-Memoirs2 test and in essence found that:
1. Its dominant theme,…
2Cases cited13 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Jacobellis v. OhioSupreme Court of the United States · 1964
- A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
- Redrup v. New YorkSupreme Court of the United States · 1967
- Central Magazine Sales, Ltd. v. United StatesSupreme Court of the United States · 1967
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3Cited by4 opinions
- Price v. CommonwealthSupreme Court of Virginia · 1972
- State v. LesieureSupreme Court of Rhode Island · 1979
- Scuncio v. Shipyard Drive-In Theatre, Inc.Supreme Court of Rhode Island · 1972
- Scuncio v. Columbus Theatre, Inc.Supreme Court of Rhode Island · 1971