Huffman v. Pursue, Ltd.

420 U.S. 592 (1975)

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Nature of the Case

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Facts

Ps were the sheriff and prosecuting attorney of Allen County, Ohio. They tried to close down the Cinema I Theatre in Lima, Ohio because they specialized in the display of films which were pornographic and were adjudged as such after numerous hearings. Ps tried to invoke a public nuisance statute against Ds predecessor. After an involved proceeding, the court rendered a judgment that Ds had engaged in a course of conduct of displaying pornographic movies and had to be closed for one year. The judgment also provided for the seizure and sale of personal property used in the theater’s operations. Ds succeeded to the leasehold interest in the movie house prior to entry of the state court judgment. They elected not to appeal the judgment but instead filed suit in District Court under 42 USC 1983 and alleged that Ps used the nuisance statute to deprive Ds of their constitutional rights under color of state law. Ds sought injunctive relief and a declaratory judgment regarding the constitutionality of the state law. A three-judge panel was convened, and they concluded that the statute was not vague, but it did constitute an overly broad prior restraint on First Amendment rights insofar as it permanently or temporarily prevented the showing of films which have not been adjudged obscene prior to the adversary hearings. The judges then permanently enjoined the execution of that part of the judgment that closed the theatre to films that had not been adjudged obscene. On appeal, Ps raised the Younger problem. The Supreme Court granted certiorari.