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RABE v. WASHINGTON

No. 71-247.

405 U.S. 313 (1972)

RABE v. WASHINGTON.

Supreme Court of United States.

Decided March 20, 1972.

Attorney(s) appearing for the Case

William L. Dwyer argued the cause and filed briefs for petitioner.

Curtis Ludwig argued the cause for respondent. With him on the brief was Herbert H. Davis.

Briefs of amici curiae urging reversal were filed by Stanley Fleishman and Sam Rosenwein for the National Association of Theatre Owners, Inc., and by Louis Nizer and James Bouras for the Motion Picture Association of America, Inc.

Constantine Regusis filed a brief for Morality in Media, Inc., as amicus curiae, urging affirmance.

PER CURIAM.

Petitioner was the manager of the Park Y Drive-In Theatre in Richland, Washington, where the motion picture Carmen Baby was shown. The motion picture is a loose adaptation of Bizet's opera Carmen, containing sexually frank scenes but no instances of sexual consummation are explicitly portrayed. After viewing the film from outside the theater fence on two successive evenings, a police officer obtained a warrant...

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