Hastings Communications and Entertainment Law Journal


Peter F. Frost


Recent years have seen an increase in the number of civil nuisance actions to restrain the exhibition of obscenity. Authorities have split over whether civil or criminal procedural standards should govern such actions. The California Court of Appeal, in People ex rel. Gow v. Mitchell Brothers Theatre, has addressed some of these issues. The author examines the court's reasoning regarding the appropriate remedies and standard of proof in such actions. In addition, the author addresses the propriety of a jury trial, concluding that a jury trial should be a matter of right in the determination of obscenity.