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AMATO v. WILENTZ

Nos. 91-5045, 91-5072 and 91-5289.

952 F.2d 742 (1991)

Nicholas R. AMATO, County Executive of the County of Essex, County of Essex, a Body Politic and Corporate of the State of New Jersey v. Robert N. WILENTZ, Individually and in His Official Capacity as Administrative Head of the New Jersey Judiciary Systems. Robert N. Wilentz, Appellant in 91-5045 and 91-5289. County Executive of Essex County (formerly Nicholas R. Amato and currently Thomas J. D'Alessio) and the County of Essex, Appellants in 91-5072.

United States Court of Appeals, Third Circuit.

Decided December 30, 1991.

Attorney(s) appearing for the Case

Robert J. Del Tufo, Atty. Gen. of N.J., Douglas S. Eakeley (argued), First Asst. Atty. Gen., Benjamin Clarke, Deputy Atty. Gen., Trenton, N.J., for appellant in 91-5045 and 91-5289.

H. Curtis Meanor (argued), Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, Edward F. Lamb, Edward A. Hartnett, Robinson, St. John & Wayne, Newark, N.J., for appellant in 91-5072.

Gail R. Henningsen, Mercer County Counsel, Trenton, N.J., amicus curiae for appellants in 91-5072.

Before BECKER, HUTCHINSON and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Acting as administrator of the New Jersey judicial system, New Jersey Supreme Court Chief Justice Robert N. Wilentz ("the Chief Justice") refused to allow Warner Brothers to use several New Jersey courthouses to film a scene for the movie "Bonfire of the Vanities." The Chief Justice based his decision on the ground that the scene (which depicted African-Americans rioting in a courtroom against a perceived judicial...

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