Legal Opinion

California Ex Rel. Cooper v. Mitchell Brothers' Santa Ana Theater

Supreme Court of the United States

Decided April 5, 1982No. 81-271PublishedCited by 69 opinions

1Per curiam

The petition for certiorari is granted limited to Question 2 presented in the petition, namely, whether a city, in a public nuisance abatement action brought against a motion picture theater, must prove beyond a reasonable doubt that the motion pictures at issue are obscene.1

The Santa Ana City Attorney brought this action against respondents to abate a public nuisance pursuant to Cal. Civ. Proc. Code Ann. §731 (West 1980).2 The com*91plaint alleged that numerous films shown by the respondents were obscene and thus constituted a public nuisance as defined by Cal. Civ. Code Ann. §§3479, 3480 (West…

2Cases cited10 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Addington v. TexasSupreme Court of the United States · 1979
  3. Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
  4. Rosenbloom v. Metromedia, Inc.Supreme Court of the United States · 1971
  5. Schneiderman v. United StatesSupreme Court of the United States · 1943

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3Cited by69 opinions

  1. Waters v. ChurchillSupreme Court of the United States · 1994
  2. Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
  3. United States v. Ronald JordanCourt of Appeals for the Ninth Circuit · 2001
  4. Whitmore v. Department of LaborCourt of Appeals for the Federal Circuit · 2012
  5. Ferguson v. WatkinsMississippi Supreme Court · 1984

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