Motion Picture Commission : hearings before the Committee on Education, House of Representatives, Sixty-third Congress, second session, on bills to establish a Federal Motion Picture Commission (1978)

146 MOTION PICTUEE COMMISSION. the Territories are concerned, but you want to reach the States, as I understand ? Dr. Chase. This bill does not touch that. This bill recognizes that the States have an absolute State right to authorize a State censor- ship of their own. The State censor might forbid a certain film to be shown in his State, even though it had been licensed by the Federal commission. Mr. Powers. Does not this bill attempt to regulate what films shall go into the various States? Dr. Chase. It says what films shall go from one State to another in interstate commerce, but it does not say at all that a film which goes into a State can be shown in the State. The State, village, or city may pass another regulation and appoint a board of censors and have those films, approved b}* the Federal ccnimission. examined and even rejected by their own board. The control of that matter is left to the State or city absolutely under this bill. Mr. Powers. If your bill means only to reach the District of Co- lumbia and what Territories tliere are under the jurisdicti(;n of the Federal Government, it will not reach many of the people 'i Dr. Chase. Our contention is that the manufacturers of the films, because they are all manufactured for inter>tate commerce, will necessarily bring their films to and have them censored by the Fed- eral commission, and that therefore it will not only directly affect the interstate shipments in all the States of tlie Union, but that it will indirectly affect the morality of mcst of the jiictures shown in each of the States. But there will be nt)thing that will compel a State to allow a picture which lias been a])proved by the Federal board of censors to be shoAvn. Each State will be able to use its State-rights power or its })olice power and forbid pictures which are a[)])r()\ed by the Federal Government. That is what our oj)[)(»nents are afraid of. They admit that. I think we can say that they would <'omc ii[) unanimously and favor a Federal censorship or license board if it Avas constitutional aud legal, to require that any film with a Federal license could be shown in any State or city, but we can not touch that, although rludge Towner has some ideas as to the power of the United States which I have never carefully considered and ujxju winch 1 want to secure a great deal of information. Mr. Powers. I thought you took the position a \\hile ago that the issuing of these licenses to the places for these (ilius to be exhibited, the mere fact that it tt)ok a Federal license to exhibit the film in a certain hall in a certain State would put it under Fedeial c(ui(rol. Dr. CiiAsi:. I doubt if the Uniteil States (xovernujent has any power to do that. That brings us to the point which Judge Towner asked me to speak about. Mr; Fkss. I think' I understand your ]>osition. V>'hethei' exhibi- tion, disti'ibution, or what not, when it comes t(! the matter of the States, Congress is limited to the interstate commerce feature, and has nothing to do Avith the exhibitions in C(tlunil)us. Ohio? Dr. Chase. That is it. Mr. Fivss. The board would exercise control of interstate commerce, and probably all of these films will be brought here to the commission for approval.