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EBERT v. MD. ST. BD. OF CENSORS

No. 172, September Term, 1973.

19 Md. App. 300 (1973)

313 A.2d 536

JOHN EBERT, ETC. v. MARYLAND STATE BOARD OF CENSORS.

Court of Special Appeals of Maryland.

Decided November 6, 1973.

Attorney(s) appearing for the Case

James R. White and Arthur M. Schwartz for appellant.

Daniel Doherty, with whom were Francis B. Burch, Attorney General, and Josef E. Rosenblatt, Assistant Attorney General, on the brief, for appellee.

The cause was argued before ORTH, C.J., and THOMPSON and MENCHINE, JJ.

ORTH, C.J., delivered the opinion of the Court.

This appeal concerns the power of the State to regulate the exhibition of motion picture films. The specific question posed is whether an order of the Circuit Court in Baltimore City, entered 22 March 1973, disapproving 30 peep show films submitted for licensing by Ellwest Stereo Theatres, Inc. (Stereo) through its agent John Ebert, was proper. We vacate the order and remand the case for further proceedings.

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