Today in Supreme Court History: September 13, 1810

9/13/1810: Justice William Cushing died.

Justice William Cushing

Comments

[Dan Schiavetta]

M.I.C. Ltd. v. Bedford Township, 463 U.S. 1341 (decided September 13, 1983): Brennan stays injunction against showing two allegedly obscene movies; theater operator, sued for nuisance, had moved at every level of the Michigan court system to get an expedited hearing and all motions had been denied; prior restraint exception to First Amendment requires “strict procedural safeguards . . . including immediate appellate review” and such was not provided here (the theater was called “West Point Auto Theatre”, a drive-in, but an appropriate name if you think of the term “autoeroticism” . . . )

[Dan Schiavetta]

P.S. Despite my usual diligent research on such cases, I couldn't find the names of the two films at issue (and therefore review them). But in Michigan, as elsewhere, drive-ins increasingly turned to x-rated fare. From this April 25, 2019 article in the Battle Creek Enquirer:

"Some drive-ins completely changed their business model in order to survive. The Albion Drive-In went to showing exclusively X-rated films in the 1980s, and was forced to place blinder lights around the perimeter of the property to prevent distracting drivers on I-94. It closed in 1986."

[Mr. Bumble]

You should change your screen name to Hairy Palms.

[SRG2]

Hairy Palms.

Wasn't he played by Michael Caine in "The Ipcress File"?

[Mr. Bumble]

Close. Harry Palmer, which opens up new interpretations.

[Dilan Esper]

The Erznoznik v. City of Jacksonville case upheld the right of drive in theater owners to show at least indecent movies (don't know about obscene ones) against the argument that some pedestrian passing by might see the nudity or sex.

[Dan Schiavetta]

Good times . . . I miss bench seats!

[Rev. Arthur L. Kirkland]

I watched a few movies through gaps in the corrugated metal fencing at a drive-in. I remember seeing "Ben," "Little Big Man," and "Planet of the Apes" that way.

[F.D. Wolf]

Cushing was the last of the original six members of the Court still in office upon his death in 1810, but was only the fifth to die. Inaugural Chief Justice John Jay, who had resigned from the Court in 1795, did not pass away until 1829. In fact, Jay survived both of his immediate successors as Chief Justice, John Rutledge (d. 1800) and Oliver Ellsworth (d. 1807).

[Magister]

Since there's no movie review yet, I'm going to introduce a movie-related topic of conversation that has several parallels to the topic of this post: actor Peter Cushing. Among the parallels:

Same last name as Justice Cushing.

Lived 91 years, all but one of which included September 13th; Justice Cushing lived somewhat fewer years, all but one of which included September 13th.

Made a little more than 20 films for Hammer Film Productions in a little less than 20 years, while Justice Cushing wrote a little less than 20 opinions in a little more than 20 years on the Supreme Court.

Appeared in the lead role of the first theatrical movie of the longest running science fiction franchise, and again in a later movie; Justice Cushing appeared in the start of the longest running federal court along with subsequent appearances (but declined the lead role).

Wore hairpieces while acting in some later movies; Justice Cushing wore a wig while judging.