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California Ex Rel. Cooper v. Mitchell Bros. Theater, 454 U.S. 90 (1981)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
California Ex Rel. Cooper v. Mitchell Bros. Theater, 454 U.S. 90 (1981)
California ex rel. Cooper v. Mitchell Brothers Santa Ana Theater No. 81-271 Decided November 30, 1981 454 U.S. 90
ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEAL
OF CALIFORNIA, FOURTH APPELLATE DISTRICT
Syllabus
Held: A city, in a public nuisance abatement action against a motion picture theater, is not required, as a matter of constitutional law, to establish the obscenity of the motion pictures at issue by proof "beyond a reasonable doubt." While a State may require such proof in such a case, that choice is solely a matter of state law, and is not required by the First and Fourteenth Amendments. Although this Court has held that the "clear and convincing" standard or one of its variants is the appropriate standard of proof in certain types of civil cases, it has never required application of the "beyond a reasonable doubt" standard in a civil case, as opposed to a criminal prosecution.
Certiorari granted; 114 Cal.pp. 3d 923, 171 Cal.Rptr. 85, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," California Ex Rel. Cooper v. Mitchell Bros. Theater, 454 U.S. 90 (1981) in 454 U.S. 90 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=C4AB3E6VSSIH2PZ.
MLA: U.S. Supreme Court. "Syllabus." California Ex Rel. Cooper v. Mitchell Bros. Theater, 454 U.S. 90 (1981), in 454 U.S. 90, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=C4AB3E6VSSIH2PZ.
Harvard: U.S. Supreme Court, 'Syllabus' in California Ex Rel. Cooper v. Mitchell Bros. Theater, 454 U.S. 90 (1981). cited in 1981, 454 U.S. 90. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=C4AB3E6VSSIH2PZ.
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