The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-01-16
THURSDAY, JAN. is, 1918.
cENsoRlNe PICTURE SHOWS.

AT Grand Forks the Civic league
has started a movement to censor the
moving pictures that are displayed in
that city. The league states that it
does not wish to work against the
moving picture houses but hopes to
work with them to elevate the pictures.
Fargo is fortunate in having NOV
Ing picture show houses that have set
q very high standard for their pic
lures, but it is interesting to know
what is being done along this line in
other sections Of the country.
In New York an ordinance has been
passed regulating picture shows. This
ordinance has been vetoed by Mayor
Gaynor, his chief objection being that
the measure is unconstitutional, in
that 1t infringes on the right of free
speech and free press.
In the great mass of stun that is ex-
hfbfted at the moving picture shows in
New York, much of it is inferior and
some OF it decidedly Objectionable.
some of the pictures exhibited ought
% Pc prohibited, just as some printed
matter in papers and some books
should be prohibited, but the prohibit
tion.o of these things should be done by
furnishing the offenders and not
through the power OF an imperial CEN
scr,s
tMeyiilg pictures should stand on the
same footing before the the law with
all other kinds of pictures and with
theatres, books. magazines and news
papers, the obscene, profane, or those
otherwise unlawful being eliminated
81 suppressed through the operation cf
the law.
Efr. Gaynor's contention is that CEN
scrship Of moving pictures should not
be attempted before their production,
saying:
1t has hitherto been the UNDER
standing in this country that no CEN,
gorship can be established by law to
decide In advance what may or may
not be lawfully printed or published.
Ours is q government Of free speech
and a Tree press. That is the corner
stone OF free government. The phrase
b press includes all methods OF ex-
preston by writing or pictures. In
past ages there were censorships to
decide what might be published, or
even believed. Every christian demon
nation has at one time or another
been subjected to such censorship. = : y
In u fundamental instruments of gov
eminent, in this country, which we
all constitutions, we expressly guar
anfeed from the beginning free speech
and a free press, and prohibited the
passing Of any law ~abridging the same.
. So universal has been the opinion
hat these constitutional provisions
abolished all censorships OF the press,
and forbade them in the future, that /
have been able to find only one attempt
IN this country to set up such a censor.
snip before this one OF yours.
Our constitutional provision plainly
~ that publications, whether oral, or
printed, or by writing. or by pictures.
shall not be restrained in advance. but
that every one shall be free to speab;
or publish what he sees lit. subject to
being prosecuted afterwards for libel,
ifnrnorality, obscenity or indecency
Therefor.
Mayor Gaynor takes the position
that IL 1t be legal and constitutional
to set up a censorship of moving pic
lures, preventing their production and
rsesentation, then it would be legal
ana constitutional to set up a censor
ship Of books. plays, magazines and
newspapers.
His position is that they must all be
responsible for what they say or rep
resent, n that prosecution for unlaw-
ful acts must be the remedy, adding
that the criminal law lis ample to pre-
vert the exhibition of unlawful pic
tpres.