William J. Brennan, Jr.

“ But there was no interference from July through November; appellant Byrne honored a stipulation made July 15 in federal court not to seize the film or interfere with its exhibition pending the outcome of the trial. Byrne withdrew from the stipulation and threatened to move against further exhibition of the film only after the convictions were obtained. Clearly, he was not required to continue to stay his hand pending the outcome of appeals from the convictions; Freedman was satisfied by a 'prompt judicial decision by the trial court,' Teitel Film Corp. v. ”

“ Cusack, 390 U.S. 139, 142, 88 S.Ct. 754, 756, 19 L.Ed.2d 966 (1968) (emphasis supplied) ; Interstate Circuit, Inc. v. City of Dallas, 390 U.S. 676, 690 n. 22, 88 S.Ct. 1298, 1306-1307, 20 L.Ed.2d 225 (1968) . Rather than remand I would therefore reverse the judgment of the District Court for the reasons stated in my opinion in Perez v. Ledesma, 401 U.S. 82, p. ”