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VANCE v. UNIVERSAL AMUSEMENT CO.

No. 78-1588.

445 U.S. 308 (1980)

100 S.Ct. 1156

63 L.Ed.2d 413

VANCE ET AL. v. UNIVERSAL AMUSEMENT CO., INC., ET AL.

Supreme Court of United States.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Lonny F. Zwiener, Assistant Attorney General of Texas, argued the cause for appellants. With him on the brief were Mark White, Attorney General, John W. Fainter, Jr., First Assistant Attorney General, Ted L. Hartley, and Douglas B. Owen and Gerald C. Carruth, Assistant Attorneys General.

Frierson M. Graves, Jr., argued the cause for appellees and filed a brief for appellee King Arts Theatre, Inc.*

PER CURIAM.

The question presented in this unusual obscenity case is whether the United States Court of Appeals for the Fifth Circuit correctly held a Texas public nuisance statute unconstitutional. The Court of Appeals read the Texas statute as authorizing a prior restraint of indefinite duration on the exhibition of motion pictures without a final judicial determination of obscenity and without any guarantee of prompt review...

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