Evening star., 1952-05-27
Supreme Court Ruling
Extends Free Speech
Principle 10 Movies
By Robert K. Welsh

Liberty of expression in motion
pictures entered into a new role
today. along with the established
constitutional guarantees of free
dom of speech and of the press.
That historic development in
movie progress came yesterday
when the Supreme Court unani-
mously ruled that New York State
had no right to ban THE Miracle"
solely on a charge that it was sac
religious.
The decision was viewed as
putting crimp in censorship of
movies. But the court made clear
that it was not putting a ban on
all censorship. It refused to give
leeway, legal or otherwise, for ex-
hibition of "every motion picture
of every kind at all times and all
places"
The tribunals ruling in the case
of the Italian film produced by
Roberto RoSsellini attracted wide
interest in itself. Showing of the
picture in New York aroused great
controversy. Francis Cardinal
Spellman, Roman Catholic Arch
bishop of New York, condemned
the picture as a mockery Of the
Catholic faith. The picture, as
part of three-Story presentation
under another title, was shown in
Washington two years ago without
incident.
1915 Opinion Reversed.
An equally important aspect of
yesterdays decision was the courts
reversal Of a 37-year-old ruling.
The court had held, in 1915, that
exhibition of movies was strictly
q business for profit and entertain
ment and. therefore did not en-
Joy the protection of the 1st and
14th amendments.
Motion picture industry officials
hailed the decision as giant step
forward.
"It encourages us to hope" said
Eric Johnston, president of the
Motion Picture Association of
America, that the court in a
subsequent case will go the rest
of the way and make it unmis-
takably clear that the motion pic
ture like it's sister mediums can
not under the Constitution be
censored anywhere in the coun-
try"
One immediate effect of the
ruling will be a temperance Of
"The Miracle" in New York. Jo-
seph Burstyn, the distributor who
appealed to the Supreme Court,
announced it would be shown
there again, probably within a
week.
Clark Writes Opinion.
"The present caSe," Justice
Clark wrote in the courts opinion
yesterday" is the first to present
Squarely to us the question
whether motion pictures are
within the ambit of protection
which the 1St amendment. through
the 14th lin State actions), Sc
cures to any form of speech and
the press.
I'VE conclude that expression
by means of motion pictures is
included within the free speech
and free press guaranty of the
1st and 14th amendments. To the
extent that language in the 1915)
opinion in Mutual Film Corp. VS..
Industrial Commission is out OF
harmony with the views set forth
here, we no longer adhere to it. :"
Prosecution Method Suggested.
The opinion warned that bring
Ing motion pictures within the
Constitutional protection of free
dom of expression does not mean
all censorship should be abolished.
Nor does it follow" the opinion
added, that motion pictures are
necessarily subject to the precise
rules governing any other par
ticular method of expression. "a. :.
We do not say there should be no
censorship. We believe censorship
is proper, but let it be done by
criminal prosecution and not by
prior restraint or licensing. Let
there be prosecution after show
ing-the same as newspapers and
magazines are held responsible for
what they print"
The justices viewed a special
showing of 1.-The Miracle" several
weeks ago. Justice Reed said he
agreed with the majority decision
against the ban and also that
State may establish a system for
licensing of motion pictures. But
he said that, in all such cases. the
court should examine the facts
of the license refusal to determine
whether the 1St amendment
principles have been honored.
Power Commission Upheld.
In other actions yesterday, the
> court:
TInheld Federal Power