# People Ex Rel. Busch v. Projection Room Theater

> California Supreme Court · June 1, 1976 · 17 Cal. 3d 42

URL: https://www.frixlaw.com/law-library/cases/9557937

## Case

- **Full name:** The PEOPLE Ex Rel. JOSEPH P. BUSCH, as District Attorney, Etc., Et Al., Plaintiffs and Appellants, v. PROJECTION ROOM THEATER Et Al., Defendants and Respondents
- **Court:** California Supreme Court
- **Decided:** June 1, 1976
- **Citations:** 17 Cal. 3d 42; 130 Cal. Rptr. 328; 550 P.2d 600
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mosk
- **Judges:** Richardson, Mosk, Clark, Tobriner
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9557937

## How later opinions describe it (automated extraction)

- 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 ind…

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9557937. Public record. Not legal advice.