Nature of the Case
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Facts
Pursuant to four separate warrants the police seized four copies of the film 'Deep Throat,' each of which had been shown at the Pussycat Theatre in Buena Park, Orange County, Ca. An eight-count criminal misdemeanor charge was filed against two employees of the theater, each film seized being the subject matter of two counts in the complaint. The Superior Court ordered P to show cause why 'Deep Throat' should not be declared obscene, an immediate hearing being available to P, who appeared that day, objected on state-law grounds to the court's jurisdiction to conduct such a proceeding, purported to 'reserve' all federal questions, and refused further to participate. The Superior Court held a hearing, viewed the film, took evidence, and then declared the movie to be obscene and ordered seized all copies of it that might be found at the theater. Ps did not appeal. On November 29, Ps filed this suit in the District Court against Ds. Ps asked for an injunction against the enforcement of the California obscenity statute and prayed for judgment declaring the obscenity statute unconstitutional, and for an injunction ordering the return of all copies of the film, but permitting one of the films to be duplicated before its return. A temporary restraining order was requested and denied finding a lack of proof of irreparable injury and an insufficient likelihood of prevailing on the merits. The District Judge requested the convening of a three-judge court to consider the constitutionality of the statute. It was designated on January 8, 1974. Service of the complaint was completed on January 14, 1974, and answers and motions to dismiss, as well as a motion for summary judgment, were filed by Ds. Ps moved for a preliminary injunction. The motion was granted and no hearings were held. On January 15, the criminal complaint pending in the Municipal Court had been amended by naming Ps as additional parties defendant and by adding four conspiracy counts, one relating to each of the seized films. On June 4, 1974, the three-judge court issued its judgment and opinion declaring the California obscenity statute to be unconstitutional for failure to satisfy the requirements of Miller I and ordering Ds to return all copies of 'Deep Throat' which had been seized as well as to refrain from making any additional seizures. Ds claimed that Younger v. Harris and Samuels v. Mackell required the dismissal of the case. The court held that no criminal charges were pending in the state court against Ps and that in any event, the pattern of search warrants and seizures demonstrated bad faith and harassment all of which relieved the court from the strictures of Younger v. Harris. Ds appealed.
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