California, United States of America
The following excerpt is from Busch v. Projection Room Theatre, 118 Cal.Rptr. 428, 44 Cal.App.3d 111 (Cal. App. 1974):
' This procedure would have even more merit if the exhibitor or purveyor could also test the issue of obscenity in a similar civil action, prior to any exposure to criminal penalty. We are not here presented with the problem of whether a holding that materials were not obscene could be circumvented in a later proceeding by evidence of pandering. See Memoirs v. Massachusetts, 383 U.S. 413, 458 n. 3 [86 S.Ct.
Page 436
' At the specific request of petitioners' counsel, the copies of the films produced for the trial court were placed in the 'administrative custody' of that court pending the outcome of this litigation.' (Paris Adult Theatre I v. Slaton, 413 U.S. at p. 55, 93 S.Ct. at p. 2634, 37 L.Ed.2d at pp. 455-456.)
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