§ 12-27-3. Court examination — Order of notice.
Upon the filing of a petition pursuant to § 12-27-2, the court shall immediately 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 not possible, 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, written material, photograph, figment, or other material
is obscene, the court shall dismiss the petition. If the court finds that there is
reasonable cause to believe that the book, print, picture, film, motion picture film,
magazine, pamphlet, ballad, printed paper, written material, photograph, figment,
or other material is obscene, the court may issue an order of notice returnable in
or within thirty (30) days, directed against the book, print, picture, film, motion
picture film, magazine, pamphlet, ballad, printed paper, written material, 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 determine whether or not the book, print, picture,
film, motion picture film, magazine, pamphlet, ballad, printed paper, written material,
photograph, figment, or other material is obscene. Notice of the order shall be published
once a week for two (2) successive weeks in a newspaper of general circulation within
the county or city in which the proceeding is filed, and if their names and addresses
are known a copy of the order shall be served by registered mail upon the author,
publisher, exhibitor, and all other persons interested in the sale or commercial distribution
of the book, print, picture, film, motion picture film, magazine, pamphlet, ballad,
printed paper, written material, photograph, figment, or other material.