In the case of I.M. Amusement Corp. v. Ohio, 1967, the U.S Supreme Court ruled in favor of Ohio's obscenity law which prohibited showing films that were deemed obscene without considering whether they had any redeeming social value or not. The appellant, a corporation engaged in exhibiting motion pictures at drive-in theaters in Ohio was convicted for publicly displaying an allegedly obscene film contrary to state law and fined $1,000 on each count. The court held that since there was no claim made by the appellant about having been deprived of procedural due process and because it did not appear from the record that such deprivation occurred; therefore, only issues related to substantive aspects of Fourteenth Amendment Due Process Clause were before them for consideration.

In the dissenting opinion for I.M. Amusement Corp. v. Ohio, it was argued that the majority's decision to uphold a state law banning peep shows violated First Amendment rights of free speech and expression. The dissenters contended that while states have the power to regulate obscene material, they cannot ban an entire medium of expression because some content may be deemed obscene or inappropriate by certain standards. They believed this amounted to censorship and overreach on part of the government into private lives, infringing upon individual liberties protected under Constitution’s Bill of Rights.