Lido East Theatre Corp. v. Murphy

EDWARD WEINFELD, District Judge.

Plaintiff, an exhibitor of motion picture films, which it describes as “sexually oriented adult films,” and which are presumptively protected under the First Amendment of the United States Constitution, commenced this action pursuant to 42 U.S.C., section 1983, for a declaratory judgment that Articles 120, 140 and 690 of the Criminal Procedure Law of New York, relating to arrests and seizures with or without warrants upon a showing of probable cause, are unconstitutional facially and as applied in that they authorize repressive prior restraints through seizure…