00:00:01.340 - 00:00:43.260

Yeah, yeah. I think the determination that we got was more than we bargained for in this, that we got a determination of law from the judge and a good constitutional question answered here and a unanimous verdict from

00:00:43.260 - 00:01:00.460

the jury. I think it would have been unanimous from the jury anyhow. I don't think that this should ever have gone this far. I think that an efficient police commission could have answered this without all of this waste of time. Anything else by way of any

00:01:00.710 - 00:01:19.350

injunctions and the Ritz, any arrests, any suit, any persecution by administrative officials. They will be just that and we will move into court with so many ritz. It looked like the snow's falling over there to stop any further persecution. We've got an answer, an illegal And

00:01:20.140 - 00:01:37.490

these decent people can go back to a decent place judicially determined under the law and go back to work. We've got a good mayor, we've got a good district Attorney, got a good judge. We've got good, decent entertainment on off broadway Gentlemen, what is your opinion

00:01:37.490 - 00:01:53.300

of Judge Friedman? Well, we came out with much, much more today than simply a determination of these facts. We came out with the right for san Francisco to enjoy a particular kind of entertainment, a kind of entertainment which san Francisco as a liberal and progressive and

00:01:53.300 - 00:02:09.830

a cosmopolitan community can handle. But we came out with a ruling from the judge today, which is going to have ramifications and repercussions of a great constitutional nature of a deep reaching nature concerning laws dealing with obscenity and it was a bit of respect. Uh the

00:02:09.830 - 00:02:24.500

judge ruled out certain opinions concerning the morality of san Francisco. Well, if any man was ever in a position to give an opinion which should reflect the dignity of this cosmopolitan city, it was Judge Friedman's ruling in this case. This doesn't mean that we're going to

00:02:24.500 - 00:02:42.140

have an open town in san Francisco. It doesn't mean that there's going to be anything more done than that which has now been determined judicially to be legal. So they're going back to work this evening, they're going to do what has been done down there and

00:02:42.140 - 00:02:58.370

what's been judicially determined to be legal here. If anybody tries to stop them, then I think the people of san Francisco can see that there's an unseen face and an unnamed person behind this who was seeking to censor and seeking to persecute us. And if they

00:02:58.370 - 00:03:15.730

do that, I want to assure you that Mr Hallen and I will be up at four o'clock in the morning filing writs all over the line, boss, When does the next show starts? Approximately 45 minutes, Approximately 45 minutes. Just the same way as it was going

00:03:15.730 - 00:03:42.450

before this all started with No, no other changes. Not gonna add anything. Just everything that was legally, we always claimed it was not a question of what's been added. It's a question that we've had judicially determined what's been subtract. That's right. So showtime this isn't like

00:03:42.460 - 00:04:03.840

a person that is guilty of indecent exposure. The constitution of the United States and of the state protects freedom of speech and freedom of expression. That can even be by, well, you know, by carrying placards are by by motions and and things. Even a dumb person

00:04:03.840 - 00:04:27.660

can can invoke the constitutional right of free speech. And I in my opinion, this thing that was going on down at the off broadway Club, uh, partook of a theatrical uh, performance. Now, the law is so far as books are concerned pornographic books. The law is

00:04:28.140 - 00:04:48.610

that it is a question not of what any individual feels about it, but what the community feels about and it's very difficult to prove. I ruled out these two witnesses. Captain barker, he was only testifying what happened around Northeast. That's not the test. The test is

00:04:48.610 - 00:05:06.060

what is the consensus of the, of the people of its san Francisco as a whole. If the state couldn't prove that the prosecution couldn't prove what the consensus of opinion was throughout the city and county of san Francisco, then they had failed to prove a case.

00:05:09.740 - 00:05:34.150

Mhm. Under the test of the California legislature that the act must appeal to the jury and interest of judged by prevailing community standards. How does one go about proving that something is obscene. Bye bye. Getting expert witnesses who can testify to those particular facts. We had

00:05:34.150 - 00:05:52.900

one from the san Francisco Chronicle chris O'hara Missile Harold. She testified very nicely. Mhm. She was the only person on record who witnessed Miss notice dance and who testified about it. Yes, that's correct. Who is familiar with the subject And she testified as to prevailing community

00:05:52.900 - 00:06:08.890

standards with regard to They're feeling in the language of the statute 3 11. Do you think the fact the prosecution could not produce or did not produce anyone who saw the dance and who objected to it means that most of the people who saw the dance

00:06:08.890 - 00:06:22.400

did not object to it. Most of the people, I don't know anybody ever saw this and didn't object to it. I think pete uh Mattioli testified that there were only two people so long as he's been running this uh business out there in eight years that

00:06:22.400 - 00:06:37.190

ever complained about anything. And uh they've been running this dance for 11 years, 11 months rather. And uh had two complaints I've never heard of any other than those two. What is the verdict in this case? And the one downstairs mean as far as bare breast

00:06:37.190 - 00:06:52.150

dancing in san Francisco? Well, so far as the ruling in this case is concerned, unsatisfied that it's quite legal and go to May, go back to her piano where she belongs. Get out of this courtroom. What are your plans, Miss Donna? Do you intend to remove

00:06:52.150 - 00:06:53.200

your sweater along?