Wildmon claimed that his reputation was injured by the film because it juxtaposed interviews with him (conducted by Yule in Mississippi) with images of the artworks that he had tried to censor.

Wildmon, through his attorney Benjamin Bull, sought a permanent injunction against the film’s release in the US, and $8 million in damages.

The documentary was effectively pulled from release pending the trial’s outcome, because Wildmon threatened suit against any distributor or exhibitor who picked up the film.

A three-day trial was held in August 1992 in front of US District Court Judge Glenn Davidson in Aberdeen, Mississippi. At stake was the claim by the Rev Donald Wildmon of The American Family Association that he had the right to block the distribution of the film because of its graphic content.

Defending Channel 4 and the filmmakers was Martin Garbus, renowned First Amendment specialist, his assistant Russell Smith, and Channel 4’s lawyer Jan Tomalin.

In effect Garbus and Channel 4 argued that by filing the lawsuit, Wildmon had already achieved much of what he hoped for in that distribution of the film had effectively ceased.

The Rev Donald Wildmon, head of The American Family Association, was the first witness on the stand during the trial, and was followed by the filmmaker Paul Yule.

Yule testified for over four hours about to his intentions when planning, shooting, editing and displaying the film, which was eventually titled Damned In The USA. Yule explained his reasons for including the material that Wildmon would find offensive by saying it was impossible to understand the heated controversy over ‘obscene’ art without seeing the actual images being discussed. ‘They are there to show what the controversy is all about,’ he pointed out.

The trial ended with a sensational courtroom viewing of the film itself.

Two weeks later the decision came down from Judge Davidson – Channel 4 and the filmmakers had won since the Judge ruled Wildmon had no right to control the distribution of the film.