Universal Amusement Co., Inc. v. Vance

SINGLETON, District Judge:

I. Introduction

This case comes before this three-judge court in a unique posture. The original case, Universal Amusements v. Vance, the captioned case, was brought in the Southern District of Texas, Houston Division, and concerned the impending trial of a motion picture theater operator who had shown the film “Deep Throat.” Plaintiffs in that case challenged the constitutionality of article 527 of the Texas Penal Code which at that time constituted the statutory law in Texas on obscenity. The plaintiffs sought, among other remedies, injunctive relief to enjoin the…