§ 12-27-3 - Court examination – Order of notice. - Rhode Island Statutes

SECTION 12-27-3

   § 12-27-3  Court examination – Orderof notice. – Upon the filing of a petition pursuant to § 12-27-2, the court shallimmediately examine the book, print, picture, film, motion picture film,magazine, pamphlet, ballad, printed paper, written material, photograph,figment, or other material alleged to be obscene. If an examination is notpossible, the court may rely upon sworn allegations contained in the petition.If the court finds no probable cause to believe that the book, print, picture,film, motion picture film, magazine, pamphlet, ballad, printed paper, writtenmaterial, photograph, figment, or other material is obscene, the court shalldismiss the petition. If the court finds that there is reasonable cause tobelieve that the book, print, picture, film, motion picture film, magazine,pamphlet, ballad, printed paper, written material, photograph, figment, orother material is obscene, the court may issue an order of notice returnable inor within thirty (30) days, directed against the book, print, picture, film,motion picture film, magazine, pamphlet, ballad, printed paper, writtenmaterial, photographs, figment, or other material by name or suitable identity,and addressed to all persons interested in the publication, sale, distribution,or exhibition of it. The petition shall then come on for a hearing to determinewhether or not the book, print, picture, film, motion picture film, magazine,pamphlet, ballad, printed paper, written material, photograph, figment, orother material is obscene. Notice of the order shall be published once a weekfor two (2) successive weeks in a newspaper of general circulation within thecounty or city in which the proceeding is filed, and if their names andaddresses are known a copy of the order shall be served by registered mail uponthe author, publisher, exhibitor, and all other persons interested in the saleor commercial distribution of the book, print, picture, film, motion picturefilm, magazine, pamphlet, ballad, printed paper, written material, photograph,figment, or other material.