kingsley pictures regents argued april decided june provisions new york education law construed appeals new york requiring denial license show motion picture subject matter adultery presented right desirable certain people certain circumstances sustained denial license show motion picture found alluringly portrays adultery proper behavior held thus construed applied new york statute violates freedom advocate ideas guaranteed first amendment protected fourteenth amendment infringement pp reversed ephraim london argued cause appellant brief seymour chalif stephen wise charles brind argued cause filed brief appellees justice stewart delivered opinion required consider impact new york motion picture licensing law upon first amendment liberties protected fourteenth amendment infringement cf joseph burstyn wilson new york statute makes unlawful exhibit sell lease lend exhibition place amusement pay connection business state new york motion picture film reel certain exceptions relevant unless time full force effect valid license permit therefor education department law provides license shall issue unless film part thereof obscene indecent immoral inhuman sacrilegious character exhibition tend corrupt morals incite crime recent statutory amendment provides term immoral phrase character exhibition tend corrupt morals shall denote motion picture film part thereof dominant purpose effect erotic pornographic portrays acts sexual immorality perversion lewdness expressly impliedly presents acts desirable acceptable proper patterns behavior distributor motion picture entitled lady chatterley lover appellant kingsley submitted film motion picture division new york education department license finding three isolated scenes film immoral within intent law division refused issue license scenes question deleted distributor petitioned regents university state new york review ruling regents upheld denial license broader ground whole theme motion picture immoral said law theme presentation adultery desirable acceptable proper pattern behavior kingsley sought judicial review regents determination appellate division unanimously annulled action regents directed license issued app div sharply divided appeals however reversed appellate division upheld regents refusal license film exhibition appeals unanimously explicitly rejected notion film obscene see roth rather found picture whole alluringly portrays adultery proper behavior chief judge conway prevailing opinion emphasized therefore portion statute involved case part education law requiring denial license motion pictures immoral portray acts sexual immorality desirable acceptable proper patterns behavior majority appeals ascribed language precise purpose new york legislature require denial license motion picture subject matter adultery presented right desirable certain people certain circumstances concurring opinion accept premise motion picture question characterized accept must construction new york legislature language appeals put upon albertson millard burnison aero mayflower transit board construction emphasize gives term sexual immorality concept entirely different concept embraced words like obscenity pornography moreover suggested film operate incitement illegal action rather new york appeals tells us relevant portion new york education law requires denial license motion picture approvingly portrays adulterous relationship quite without reference manner portrayal new york done therefore prevent exhibition motion picture picture advocates idea adultery certain circumstances may proper behavior yet first amendment basic guarantee freedom advocate ideas state quite simply thus struck heart constitutionally protected liberty contended state action justified motion picture attractively portrays relationship contrary moral standards religious precepts legal code citizenry argument misconceives constitution protects guarantee confined expression ideas conventional shared majority protects advocacy opinion adultery may sometimes proper less advocacy socialism single tax realm ideas protects expression eloquent less unconvincing advocacy conduct proscribed law justice brandeis long ago pointed justification denying free speech advocacy falls short incitement nothing indicate advocacy immediately acted whitney california concurring opinion among free men deterrents ordinarily applied prevent crime education punishment violations law abridgment rights free speech inflexible command new york appeals attributed state legislature thus cuts close core constitutional freedom make quite needless case examine periphery specifically occasion consider appellant contention state entirely without power require films kind licensed prior exhibition need determine whether despite problems peculiar motion pictures controls state may impose upon medium expression precisely coextensive allowable newspapers books individual speech enough present case reaffirm motion pictures within first fourteenth amendments basic protection joseph burstyn wilson reversed footnotes mckinney laws education law mckinney laws cum supp education law applicant license permit case application denied director division officer authorized issue shall right review regents mckinney laws education law proceeding brought art new york civil practice act civ vol et seq see also mckinney laws education law although four seven judges appeals voted reverse order appellate division three clear opinion denial license permissible constitution chief judge conway wrote opinion judges froessel burke concurred concluding denial license constitutionally permissible judge desmond wrote separate concurring opinion stated confess doubt validity statute know doubt resolved unless reverse let final say judge dye judge fuld judge van voorhis wrote separate dissenting opinions opinion written chief judge conway stated curious indeed say one breath obscene motion pictures may censored another breath motion pictures alluringly portray adultery proper desirable may censored stated law concerned effect merely one means producing must firmly borne mind give obscenity defined stature constitutional limitation extend invitation corrupt public morals methods presentation craft insure fall squarely within definition term precedent sound principle support statement motion pictures must obscene may censored judge desmond concurring opinion stated necessarily determinative film obscene dictionary sense judge dye dissenting opinion stated one contends film question obscene within narrow legal limits obscenity recently defined judge van voorhis dissenting opinion stated impossible write entire drama mere pornography judge van voorhis however remitted case board regents consider whether certain passages film might eliminated obscene without violence constitutional liberties also emphasized brief counsel regents full definition parts definition cited debate whether parts definition proper standard bearing case concurring judge desmond agreed meaning statutory language question theme content film fairly deserve characterization see way contrast swearingen limehouse thomas jefferson wrote hundred fifty years ago nothing fear demoralizing reasonings others left free demonstrate errors especially law stands ready punish first criminal act produced false reasoning safer correctives conscience judge letter thomas jefferson elijah boardman july jefferson papers library congress vol folio cf near minnesota cf kingsley books brown alberts california cf thomas collins thornhill alabama justice black concurring concur opinion judgment add words concurring opinions several justices rely appraisal movie lady chatterley lover holding new york constitutionally bar unlike seen picture view stated justice douglas prior censorship moving pictures like prior censorship newspapers books violates first fourteenth amendments despite constitution however nation embark dangerous road censorship belief inappropriate board censors found far know judges possess special expertise providing exceptional competency set standards supervise private morals nation addition justices seem especially unsuited make kind value judgments movies good bad local communities concurring opinions appear require told way decide whether state municipality constitutionally bar movies view appraise movie basis circumstances every member must exercise judgment bad picture judgment ultimately based least large part standard immoral end result decisions seems purely personal determination individual justices whether particular picture viewed bad allow seen public individualized determination guided reasonably fixed certain standards accordingly neither moving picture makers possibly know advance fair degree certainty done field movie making exhibiting uncertainty easily reconciled rule law constitution envisages different standards different people may use decide badness pictures well illustrated contrasting standards mentioned opinion new york appeals concurring opinion justice frankfurter read new york opinion movie held immoral banned makes adultery alluring justice frankfurter quotes lawrence author book movie made believing censorship applied publications make sex look ugly understand less alluring judgment permit get center policy controversies little common lawsuits justice frankfurter concurring result one whose taste art literature hardly qualifies surprised viewing picture new york authorities banned lady chatterley lover assume motion picture offended victorian moral sensibilities rely stuffiest victorian conventions whatever one personal preferences may matters refusal license exhibition picture basis amendment new york state education law mean enactment forbids public showing film deals adultery except way sermonizing condemnation depicts physical manifestation illicit amorous relation since denial license board regents confirmed highest state choice agree judgment holding state exceeded bounds free expression protected liberty fourteenth amendment also believe opinion takes ground exceeds appropriate limits decision way reinforcing brother harlan objections scope opinion add following even author lady chatterley lover altogether rule censorship passionate zeal behalf society profound interest endeavors true artists doctrinaire unmindful facts life regarding sordid exploitation man nature impulses knew thing pornography dirt dirt sake accurate dirt money sake lawrence wrote even censor genuine pornography rigorously difficult first place genuine pornography almost always underworld come open second recognize insult offers invariably sex human spirit pornography attempt insult sex dirt unpardonable take lowest instance picture sold underhand underworld cities seen ugliness make cry insult human body insult vital human relationship ugly cheap make human nudity ugly degraded make sexual act trivial cheap nasty lawrence pornography obscenity pp surprising therefore pertinacious eloquent promoters liberalizing legislation great britain conceive needs civilized society assuring utmost freedom make literature art possible authors artists publishers producers book sellers easily attainable sounding abstract unqualified dogmas freedom keen awareness freedom expression absolute freedom awareness reflected opinions justice holmes justice brandeis predominantly owe present constitutional safeguards behalf freedom expression see near minnesota limitations constitutionally protected freedom speech short evil state may constitutionally protect whatever may think questions policy involved real problem formulation constitutionally allowable safeguards society may take evil without impinging upon necessary dependence free society upon fullest scope free expression one read debates house commons house lords realize difficulty reconciling conflicting interests framing legislation ends agreement even generously espouse freedom expression without freedom gradually withers province meet recalcitrant problems legislative drafting vital limited task scrutinizing work draftsmen order determine whether kept within narrow limits kind censorship even lawrence deemed necessary legislation must vague language loose leave apply wide discretion sweeping within condemnation permissible expression well society may permissibly prohibit always remembering widest scope freedom given adventurous imaginative exercise human spirit struck legislation phrased language intrinsically vague unless responsive common understanding men even though susceptible explicit definition ultimate reason invalidating laws lead timidity inertia thereby discourage boldness expression indispensable progressive society new york legislation product careful lawyers sought meet decisions left doubt licensing law inherently outside scope regulatory powers state fourteenth amendment strike law vagueness struck prior new york legislation reverse judgment new york appeals applying new york law lady chatterley lover applied picture applied without invading area constitutionally free expression difficulty finds seems derive expressions culled opinion chief judge new york appeals leads give phrase acts sexual immorality desirable acceptable proper patterns behavior innocent content meaning effect allowable subject matter discussion surely attribute result decision appeals basis detached phrases chief judge conway break faggot pieces forget meaning language felt phrases treated disjointedly sexual immorality new phrase branch law implications dominate context hardly conceive possible strike unconstitutional federal statute mailing lewd obscene lascivious matter law land nearly hundred years see act march stat march stat whatever specific instances may found within allowable prohibition sustaining legislation gave words lewd absence lascivious concreteness saying concern sexual immorality recently sustained constitutionality statute roth unless misread opinion strikes new york legislation order escape task deciding whether particular picture entitled protection expression fourteenth amendment exercise judicial function however onerous ungrateful inheres nature judicial enforcement due process clause escape application clause varieties situations come comfortable comprehensive formula decide confession coerced vitiate state conviction talismanic formula every term examine particular circumstances particular case order apply generalities one disputes equally comfortable general formula determine unfairness state trial want counsel except capital cases thread way term term particular circumstances particular case relation particular defendant order ascertain whether due process denied unique situation us constantly called upon consider alleged misconduct prosecutor vitiating fairness particular trial inflamed state public opinion particular case undermining constitutional right due process series cases coming state courts due process invoked enforce separation church state decision certainly turned particularities specific situations needless multiply instances nature concept due process venture believe high serviceability constitutional system judicial enforcement due process clause antithesis procrustean rule recognized first discussion due process clause fourteenth amendment defined nature problem gradual process judicial inclusion exclusion cases presented decision shall require reasons decision may founded davidson new orleans task onerous exacting demanding utmost discipline objectivity severest control personal predilections escaped even disavowing nature task course enquiries impressed existence considerable lucrative trade pornography report select committee obscene publications house commons march iv objection also made principle immunity previous restraint stated broadly every restraint deemed prohibited undoubtedly true protection even previous restraint absolutely unlimited limitation recognized exceptional cases justice douglas justice black joins concurring join opinion adhere views expressed superior films department education censorship movies unconstitutional since form previous restraint much war first amendment made applicable fourteenth censorship struck near minnesota particular movie violates valid law exhibitor prosecuted usual way find first amendment room censor whether scanning editorial reading news broadcast editing novel play previewing movie reference made british law british practice little relevance problem since live written constitution entrusted keeping legislature england protected legislative interference regulation stated bridges california purpose ratifying bill rights clearer securing people much greater freedom religion expression assembly petition people great britain ever enjoyed provision constitution reasonable regulation press india included room argument censorship interests morality permissible judges sometimes try read word reasonable first amendment make rights grants subject reasonable regulation see beauharnais illinois dennis apply version first amendment see roth language terms absolute utterly war censorship different questions may arise censorship news nation actually war possible exceptions extremely limited tradition represented near minnesota supra represents constitutional ideal happily government censorship put roots country american tradition represented near minnesota supra see lockhart mcclure literature law obscenity constitution rev alpert judicial censorship obscene literature harv rev et seq counterpart lord chamberlain censor england stage late six systems censorship movies chafee free speech number reduced four kansas maryland new york virginia plus cities even areas censorship movies shown television gives way reason federal communications act see allen dumont laboratories carroll information available movie censors seem active deletion residual part censorship remains constitute elimination institution intrudes first amendment rights section indian constitution permits reasonable restrictions exercise right freedom speech expression interests inter alia decency morality defamation incitement offence limitation strictly construed restriction amounting imposition operate harshly speech press held invalid see seshadri district magistrate tangore sup see note harv rev justice clark concurring result take words majority new york appeals clear unsophisticated common meaning say new york education law require denial license motion pictures immoral portray acts sexual immorality desirable acceptable proper patterns behavior issue case language moving pictures concern point motion pictures alluringly present acts sexual immorality proper behavior minority brothers however twist holding one new york act requires obscenity incitement abstract expressions opinion obliterate repeated declarations made times appeals basis board regents decision well construction raise many problems least failure accept new york interpretation scope act feel majority bound holding context act comes within ban joseph burstyn wilson held expression means motion pictures included within free speech free press guaranty first fourteenth amendments referring near minnesota said major purpose first amendment guaranty free press prevent prior restraints upon publication protection unlimited place state heavy burden demonstrate limitation challenged exceptional standard applied word sacrilegious found set censor adrift upon boundless sea amid myriad conflicting currents religious views struck standard portrayal acts sexual immorality desirable acceptable proper patterns behavior motion picture plays invariably hero villain supporting characters location plot diversion main theme usually moral said burstyn may affect public attitudes behavior variety ways ranging direct espousal political social doctrine subtle shaping thought characterizes artistic expression may one viewer glorification idea desirable acceptable proper may notions another entirely devoid teaching limits censor discretion understanding included within term desirable acceptable proper nothing less roving commission individual impressions become yardstick action result regulation accordance beliefs individual censor rather regulation law even three brothers regard film depicting anything somewhat unusual rather pathetic love triangle least three perhaps four members new york highest thought otherwise need say obscurity standard presents choice difficulties even experienced find dagger point may chief judge conway said public morality possibly ever needs every protection government give brother harlan points time statute struck state left confusion true broad grounds employed leaving indication may necessary meet requirements due process see grounds confusion however statute ban pornographic films portray acts sexual immorality perversion lewdness new york statute construed highest believe met requirements due process instead placed emphasis film teaches depicts confusion enters reason reverse authority burstyn phrase always identical varies words statute acts sexual immorality desirable acceptable proper patterns behavior terms proper conduct people state exaltation illicit sexual love derogation restraints marriage proper pattern behavior espousal sexually immoral acts debase fundamental sexual morality portraying converse people alluring desirable alluringly portrays sexually immoral acts proper behavior presenting adultery clearly approbatory manner alluringly portrays adultery proper behavior alluringly portray acts sexual immorality adultery recommend proper way life alluringly portray adultery proper desirable alluringly portray acts sexual immorality adultery proper behavior justice harlan justice frankfurter justice whittaker join concurring result think moved swiftly striking statute product deliberate conscientious effort part new york meet constitutional objections raised decisions respecting predecessor statutes field although disagree parts new york education law laws ann mckinney laws ann mckinney supp particularly involved unconstitutional face believe application film constitutional bounds exceeded section state education law passed meet decision commercial pictures regents overturned new york appeals holding commercial pictures board regents film la ronde banned immoral tend ing corrupt morals decision commercial pictures one line per curiam citation joseph burstyn wilson turn held naught word immoral term sacrilegious statute new york nevertheless set repairing statute enacting respects emphasized present opinion chief judge conway pertinent defines immoral motion picture film one portrays acts sexual immorality desirable acceptable proper patterns behavior holds part new york effort unconstitutional face fourteenth amendment agree suggest provisions bad vagueness suggestion appears untenable view usage concept sexual immorality explain part meaning obscenity see swearingen instead finds constitutional vice provisions require said neither obscenity incitement sexual immorality strike force mere advocacy idea adultery certain circumstances may proper behavior expressions opinion adultery may sometimes proper think characterization provisions misconceives construction put upon prevailing opinions appeals granting abstract public discussion advocacy adultery unaccompanied obscene portrayal actual incitement behavior may constitutionally proscribed state read opinions hold statute face undertakes proscription chief judge conway opinion joined two others seven judges appeals thrust one concurred sure doubt first emphasized scope section mere expression opinion form example filmed lecture whose subject matter espousal adultery reiterate case involves espousal sexually immoral acts adultery plus actual scenes suggestive obscene nature emphasis original understand question constitutionality particular portions statute concerned read majority opinions appeals construing provisions require obscenity incitement mere abstract expressions opinion difficult understand strain read opinions usual course constitutional adjudication precisely opposite ii application statute film quite different matter heretofore ventured view field wider constitutional latitude federal government see writer separate opinion roth alberts california approach viewed film giving descriptive expression matters kind last analysis bound individual subjective impressions objectively one may try discharge duty judge apt repaying shall therefore content saying according full respect hope sympathetic consideration views characterizations expressed others regard film depicting anything somewhat unusual rather pathetic love triangle lacking anything properly termed obscene corruptive public morals inciting commission adultery therefore think banning film new york exceeded constitutional limits conclude one observation sometimes said shun considering particularities individual cases difficult field lest become final board censorship understand thought process constitutional judgment realm somehow stands apart involved fields particularly presenting questions due process see short holding state censorship laws constitutionally impermissible course carefully abstaining hope ultimately spare necessity individualized adjudication nature things problems area ones individual cases see roth alberts california supra censorship statute hardly contrived effect lastly time statute struck state left confusion witness new york experience statute believe new york statute unconstitutionally applied instance concur judgment section provides director motion picture division authorized regents officers local office bureau shall cause promptly examined every motion picture film submitted herein required unless film part thereof obscene indecent immoral inhuman sacrilegious character exhibition tend corrupt morals incite crime shall issue license therefor director authorized officer shall license film submitted shall furnish applicant therefor written report reasons refusal description rejected part film rejected toto section provides purpose section one hundred chapter term immoral phrase character exhibition tend corrupt morals shall denote motion picture film part thereof dominant purpose effect erotic pornographic portrays acts sexual immorality perversion lewdness expressly impliedly presents acts desirable acceptable proper patterns behavior purpose section one hundred chapter term incite crime shall denote motion picture dominant purpose effect suggest commission criminal acts contempt law profitable desirable acceptable respectable behavior advocates teaches use methods use narcotics drugs bill became introduced request state education department noted memorandum issue censorship involved bill bill merely attempts follow criticism defining words immoral incite crime legis memorandum accompanying approval measure governor new york lawyer wrote since education law state required licensing motion pictures authorized refusal license motion picture obscene indecent immoral tend corrupt morals incite crime recent decisions indicated term immoral may sufficiently definite constitutional purposes primary purpose bill define immoral tend corrupt morals conformance apparent requirements cases defining terms sexual immorality words selected definition based judicial opinions given exhaustive reasoned treatment subject bill create new licensing system expand scope motion picture censorship enlarge area permissible prior restraint sole purpose give section precision make conform tenor recent decisions proscribe exploitation filth sake filth accurately language permits words well understood long use people winters language recent opinion precise problem noted hold liberty expression means motion pictures guaranteed first fourteenth amendments however end problem follow constitution requires absolute freedom exhibit every motion picture every kind times places burstyn wilson long state responsibility interdicting motion pictures transgress bounds decency responsibility furnishing guide lines agency charged enforcing law certainly claimed adultery form sexual immorality indeed adultery made crime new york penal law laws ann mckinney nothing judge dye dissenting opinion refers note opinion taken militating view prevailing opinions appeals judge dye simply disagreed majority appeals adequacy definition immoral overcome prior constitutional objections term see see also dissenting opinion judge van voorhis