Paris Adult Theatre I v. Slaton

Paris Adult Theatre I v. Slaton
Supreme Court of the United States
Argued October 19, 1972 Decided June 21, 1973
Full case name	Paris Adult Theatre I et al., Petitioners, v. Lewis R. Slaton, District Attorney, Atlanta Judicial Circuit, et al.
Citations	413 U.S. 49 ( more ) 93 S. Ct. 2628; 37 L. Ed. 2d 446
Holding
A civil injunction barring the theatres in question from showing adult films was upheld; however, the State's definitions of obscene material must be re-evaluated in light of recent jurisprudence.
Court membership
Chief Justice Warren E. Burger Associate Justices William O. Douglas  · William J. Brennan Jr. Potter Stewart  · Byron White Thurgood Marshall  · Harry Blackmun Lewis F. Powell Jr.  · William Rehnquist
Case opinions
Majority	Burger, joined by White, Blackmun, Powell, Rehnquist
Dissent	Douglas
Dissent	Brennan, joined by Stewart, Marshall

Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973), was a case in which the U.S. Supreme Court upheld a state court's injunction against the showing of obscene films in a movie theatre restricted to consenting adults. ^[1] The court distinguished the case from Stanley v. Georgia , ^[2] saying that the privacy of the home that was controlling in Stanley was not present in the commercial exhibition of obscene movies in a theatre.

Significance

The Paris Adult Theatre I v. Slaton decision was a landmark U.S. Supreme Court case that involved a conflict between First Amendment rights and state interests in regulating public morality. In this case, the court considered whether a state could prohibit the exhibition of obscene films in a theater intended for adults, even if those adults were consenting. The Supreme Court upheld the state's right to issue an injunction against such exhibitions, arguing that the commercial showing of obscene material in a public space was not protected by the constitutional right to privacy that applied to private homes.

The court's opinion noted that, unlike in Stanley v. Georgia, where the right to privacy in one's home was the central consideration, the commercial nature of the theater setting removed the expectation of privacy. This distinction was key in allowing states to regulate and restrict obscene content in public venues. Justice Brennan dissented, arguing that the right to view obscene films in private was implicit in the First Amendment.

This case established important precedents regarding the scope of free speech in commercial settings, asserting that the government has the authority to regulate obscenity, even if the viewers are consenting adults. ^{[3] [4]}

Subsequent developments

The Supreme Court issued its decision on the same day it announced its landmark ruling in Miller v. California . In the Miller decision, the Court articulated a new, three-part test for determining whether material is obscene. The Court subsequently remanded the Paris Adult Theatre I case to the Georgia courts for reconsideration using the newly established Miller standard. On remand, the Georgia Supreme Court applied the Miller test, determined that the films in question were obscene, and ordered the trial court to issue a permanent injunction to prohibit their exhibition. ^[5]

See also

• Freedom of speech portal

• Comstock laws
• List of United States Supreme Court cases, volume 413
• United States obscenity law

References

1. Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973).
2. Stanley v. Georgia , 394 U.S. 557 (1969).
3. "Paris adult theatre i et al. V. Slaton, district attorney, et al" (PDF). Archived from the original (PDF) on April 19, 2022.
4. "Paris Adult Theatre I v. Slaton | 413 U.S. 49 (1973) | Justia U.S. Supreme Court Center". supreme.justia.com. Retrieved July 25, 2025.
5. "Paris Adult Theatre I v. Slaton". Oyez. Retrieved August 28, 2025.

External links

• Text of Paris Adult Theatre I v. Slaton, 413 U.S. 49(1973) is available from: CourtListener Findlaw Justia Library of Congress OpenJurist Oyez (oral argument audio)