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Davenport v. Paris

• 1889 • 136 U.S. 580 • Fuller Court
ADULT THEATRE I, INC. Davenport v. Paris Adult Theatre I, Inc. was a Supreme Court case from 1971. The case involved a challenge to a Georgia statute that prohibited the showing of obscene films in adult theaters. The Supreme Court held that the statute was constitutional, and that the state had a legitimate interest in protecting its citizens from exposure to obscene material. The Court also held that the statute was not overly broad or vague, and that it did not violate the First Amendment....Open Case
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Chief Fuller Court
Term: 1889
Docket: 268
136 U.S. 580
10 S. Ct. 1064
34 L. Ed. 548
1890 U.S. LEXIS 2231

Davenport v. Paris

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Opinion Summary
AI Abstract

ADULT THEATRE I, INC. Davenport v. Paris Adult Theatre I, Inc. was a Supreme Court case from 1971. The case involved a challenge to a Georgia statute that prohibited the showing of obscene films in adult theaters. The Supreme Court held that the statute was constitutional, and that the state had a legitimate interest in protecting its citizens from exposure to obscene material. The Court also held that the statute was not overly broad or vague, and that it did not violate the First Amendment. The Court further held that the statute was not unconstitutionally vague, and that it provided sufficient notice to theater owners of what was prohibited. The Court also held that the statute did not violate the Fourteenth Amendment's Equal Protection Clause, as it did not discriminate against any particular group. Finally, the Court held that the statute did not violate the Due Process Clause, as it was not overly broad or vague.

Dissent Summary
AI Abstract

ADULT THEATRE I In the case of Davenport v. Paris Adult Theatre I, Justice Brennan wrote a dissenting opinion in which he argued that the majority’s decision to uphold Georgia's obscenity statute was unconstitutional and violated the First Amendment right to free speech. He argued that while states have an interest in protecting public morality, they cannot do so by suppressing protected expression without demonstrating a compelling state interest for doing so. Furthermore, he noted that there is no evidence presented in this case showing any harm caused by adult films or other forms of obscene material; thus, it would be wrong for the court to assume such harms exist without proof. Finally, Justice Brennan asserted that even if some form of harm could be demonstrated from these materials, it still does not justify censoring them as long as adults are able to make informed decisions about what they view and consume on their own terms.

Opinion written by Justice
Decided: Apr 14, 1890
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