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Abner J Mikva — Part 1
Page 237
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‘ precluding WSO from licizing the Laundry 's @ring policies.
, a
The injunction was isSued notwithstanding the Yact that the
. defendant had filed a - verified answer putting in issue ‘the
basic allegations of the complaint. I was chief counsel
throughout the trial court proceedings and then prosecuted
an appeal to the Appellate Court of Illinois which vacated
the injunction, allowing damages to the West Side Organization
for the wrongful.jssuance of theinjunction. 204 N. E. 2d 589
(1965) Centennial then appealed to the Supreme Court of
Illinois which affirmed the Appellate Court's holding. 215
N..E. 2d 443 (1966) The case is considered one of the leading
free speech cases in Illinois and is still cited as a landmark
in determining the scope of a court's injunctive power. -The
Chancellor who issued the original injunction was Cornelius J.
osing counsel were R j nd 66
, b7C
The case commenced Novem-
ber 12, 1964, and was finally decided by the Illinois Supreme
Court in 1966.
5) Times Film Corporation vs. City of Chicago. I represented
the Times Film Corporation in a series of cases against the
Chicago Censor Board. Two of those cases were ultimately
appealed to and decided by the Supreme Court of the United States.
The first case involved a movie entitled The Game of Love. This
was one of the earliest motion picture censorship cases brought
in Illinois and was decided by a federal Master in Chancery in
favor of Times Film Corporation and against the Chicago Censor
Board. This involved many, many weeks of hearings before the
Master, including testimony of witnesses, presentation of trial
briefs and other documents. The Master was David A. Shipman,
135 S. LaSalle St., Chicago, Il., 60603, 312-782-7331. When the
report was filed with Federal District Court Judge Joseph Samuel
Perry, he impaneled an advisory jury to view the film and decide
its obscenity. The jury voted 11 to 1 that the film was obscene
and Judge Perry chose the jury report over his Master's report.
Judge Perry's decision is reported at 139 F. Supp. 837 (1956).
I took an appeal to the Court of Appeals for the 7th Cincuit
which affirmed the lower court's decision. 244 F. 2d 432 (1957)
I then sought a writ of certiorari from the Supreme Court of the
United States which reversed the Court of Appeals and the trial
court in a per curiam decision. 355 U.S. 35 (1957) A permit
was then issued for the showing of the film but the commercial
success of the film had been vastly diluted by the time delay
and the expense of the litigation. The client then decided to
seek a ruling on the validity of the Censor Board itself. A
second case was brought in federal court involving a motion
picture called Don Juan. The film had not been presented to the
Censor Board for prior viewing and a ruling was sought that the
film could be shown without such previous submission. District
Court Judge William Campbell dismissed the action. 180 F. Supp.
843 (1959) His decision was affirmed by the Court of Appeals
for the 7th Circuit. 272 F. 2d 90 (1959) The United States
Supreme Court agreed to hear the case and by a 5 to 4 decision,
upheld the validity of the Censor Board. 365 U.S. 43 (1960),
reh. den. 365 U.S. 856 (1961) The case remains one of the
leading cases in the censorship field. Twas the lead counsel
‘4 i
’ ge Q
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