Adams Theatre Co., a Corporation of the State of Illinois, Plaintiff-Respondent v. John B. Keenan

Summary

The Supreme Court of New Jersey affirmed the trial court's summary judgment ordering issuance of a theater license, holding that the director's refusal was an unconstitutional prior restraint unsupported by sufficient evidence of lewdness and that due process was satisfied by judicial review. The Court emphasized that a license may be denied only when the proposed exhibition is clearly lewd and indecent, and that hearsay evidence does not justify a pre‑emptive denial. Justice Wachenfeld dissented, arguing that the legislature granted the city broad discretion to regulate such matters and that the majority erred in limiting that authority.