Opinion

People Ex Rel. Busch v. Projection Room Theater

  • 17 Cal. 3d 42
  • 130 Cal. Rptr. 328
  • 550 P.2d 600
Court
California Supreme Court
Filed
Jun 1, 1976
Status
Published
Author
Mosk
On the bench
Richardson, Mosk, Clark, Tobriner
Cited by
65 cases

noting the "substantial identity of definitions appearing in Penal Code sections 370 and 371, and Civil Code sections 3479 and 3480," and going on to restate Cal.Penal Code section 370 as broadly defining a public nuisance as "[a]nything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons ..."

How later courts described this case

  • noting the "substantial identity of definitions appearing in Penal Code sections 370 and 371, and Civil Code sections 3479 and 3480," and going on to restate Cal.Penal Code section 370 as broadly defining a public nuisance as "[a]nything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons ..."
  • padlock order would constitute unconstitutional prior restraint

Written by the judges who cited it.

The opinion

MOSK, J., Concurring and Dissenting.

I concur in that párt of the majority opinion which emphasizes that the closing of bookstores or theaters, either temporarily or permanently, constitutes an impermissible prior restraint in violation of the First and Fourteenth Amendments to the United States Constitution. I would ádd that such proceedings also offend article I, section 2, of the California Constitution which prohibits action that may “restrain or abridge liberty of speech or press.”

Other than the foregoing, I dissent and join with Justice Tobriner in his views.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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