Rabe v. Washington

Petitioner was convicted of violating Washington's obscenity statute for showing a sexually frank motion picture at a drive-in theater. In affirming his conviction, the Washington Supreme Court did not hold that the film was obscene under the standards of Roth v. United States, 354 U.S. 476, and Memoirs v. Massachusetts, 383 U.S. 413, but that it was obscene in "the context of its exhibition" at a drive-in. The statute proscribing the knowing display of "obscene" films did not mention the location of the exhibition as an element of the offense.

Held: A State may not criminally punish the exhibition of a motion picture film at a drive-in theater where the statute assertedly violated has not given fair notice that the location of the exhibition was a vital element of the offense.

79 Wash. 2d 254, 484 P. 2d 917, reversed.

William L. Dwyer argued the cause and filed briefs for petitioner.

Curtis Ludwig argued the cause for respondent. With him on the brief was Herbert H. Davis.

Briefs of amici curiae urging reversal were filed by Stanley Fleishman and Sam Rosenwein for the National Association of Theatre Owners, Inc., and by Louis Nizer and James Bouras for the Motion Picture Association of America, Inc.

Constantine Regusis filed a brief for Morality in Media, Inc., as amicus curiae, urging affirmance.