I Decided On A Bold Challenge To The Traditional Power Of The Government To Censor Obscene Material—Indeed To Censor Any “Offensive” Material Shown Only To People Who Aren’t Offended By It. Instead Of Arguing That The Film Itself Was Not Obscene

I decided to argue that it was none of the government’s constitutional business to act as a board of censors—to tell its adult citizens what they could and could not watch in the privacy of a movie theater that was off limits to children and that did not advertise in a pandering manner that would reasonably offend people outside the theater. There was no legal binding precedent for such a challenge. Indeed the Supreme Court had just recently reaffirmed the power of the government to ban and prosecute obscenity