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AMERICAN CIVIL LIBERTIES UNION v. CHICAGO

Gen. No. 46,889.

13 Ill. App.2d 278 (1957)

141 N.E.2d 56

American Civil Liberties Union, a New York Corporation, and Charles Liebman, Plaintiffs-Appellants, v. City of Chicago, a Municipal Corporation, Martin H. Kennelly and Timothy J. O'Connor, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

Released for publication April 9, 1957.

Attorney(s) appearing for the Case

Richard Orlikoff, Sanford I. Wolff, and Abner J. Mikva, all of Chicago, for appellants; Henry Heineman, and F. Raymond Marks, Jr., of Chicago, of counsel.

John C. Melaniphy, Corporation Counsel, for defendants-appellees.

JUDGE FRIEND delivered the opinion of the court.

Sections 155-1-155-7 of the Municipal Code of Chicago make it unlawful to exhibit any motion picture or to distribute any motion picture to any exhibitor in the city without having first secured a permit from the commissioner of police. The commissioner is required to issue the permit upon application and payment of the prescribed fee unless he determines that the picture is "immoral or obscene ...," in which case he...

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