UNITED THEATERS OF FLORIDA, INC., D/B/A UNITED MINI-ADULT THEATER, ET AL., JOINTLY AND SEVERALLY, APPELLANTS,
v.
THE STATE OF FLORIDA EX REL. RICHARD E. GERSTEIN, AS STATE ATTORNEY OF THE ELEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, APPELLEE
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The court affirmed obscenity injunctions against theaters but struck down provisions that broadly prohibited exhibition of films without reference to specific films, requiring injunctions to be narrowly tailored to particular works.
Injunctions prohibiting theaters from exhibiting films depicting certain sexual acts are unconstitutionally overbroad when they do not reference specific films that have been seized or adjudicated obscene.
[1] An injunction prohibiting a theater from exhibiting motion pictures depicting specified sexual acts is unconstitutionally overbroad when it applies generally to all such…
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Join FLexlaw to unlock all legal intelligenceUnited Theaters of Florida sought review of judgments enjoining them from exhibiting allegedly obscene films. The injunctions broadly prohibited the t…
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PER CURIAM.
In these consolidated cases, appellants sought review of adverse judgments enjoining them from exhibiting allegedly obscene films. We affirmed those judgments.1 Subsequently, the U.S. Supreme Court granted certiorari and remanded the cases to this court for further consideration in light of our decision in State ex rel. Little Beaver Theatre, Inc. v. Tobin, Fla.App.1972, 258 So. 2d 30, where we held that a judgment enjoining a theater corporation from publicly exhibiting any motion picture which portrayed certain listed acts was too broad in scope where it did not have reference to films which had been seized or to any specific films.
After a review of the respective judgments in light of the hereinabove holding, we conclude that the provisions generally prohibiting the appellants (without reference to any specific films) from exhibiting or showing at any public place in Dade County any motion picture films which graphically portray genitalia in combination with sexual intercourse, various acts of sodomy, homosexuality, bestiality or sadomasochism, whether actual or simulated, were too broad in scope and hereby are stricken.
In all other respects the judgments are affirmed with the exception as noted in our earlier opinions that the injunctions be confined to Dade County.
Affirmed as modified.
. See United Theaters of Florida, Inc. v. State ex rel. Gerstein, Fla.App.1972, 259 So. 2d 210; United Theatres of Florida, Inc. v. State ex rel. Gerstein, Fla.App.1972, 259 So. 2d 215.
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Francois v. Louie L. Wainwright, 741 F.2d 1275 (11th Cir. 1984)…failure to hear testimony when defense counsel told the court, “I am not certain the court needs witnesses or wants to hear witnesses”), vacated on other grounds, 419 U.S. 1028, 95 S.Ct. 510, 42 L.Ed.2d 304 (1974), aff'd in relevant part on remand, 323 So. 2d 309, 310 (Fla.Dist. Ct.App.1975); Board of Public Instruction v. Dade County Classroom Teachers Ass’n, 243 So. 2d 210, 213 (Fla.Dist.Ct.App. 1971) (defendant could not complain of error in converting temporary injunction to permanent injunction without…
Authorities Cited
- United Theaters OF Fla., Inc. v. State of Fla. ex rel. Richard E. Gerstein, 259 So. 2d 210 (Fla. 3d DCA 1972)
- State of Fla. ex rel. Little Beaver Theatre, Inc. v. Tobin, 258 So. 2d 30 (Fla. 3d DCA 1972)
- United Theatres OF Fla., Inc. v. State of Fla. ex rel. Richard E. Gerstein, 259 So. 2d 215 (Fla. 3d DCA 1972)