Motion Picture Herald (Jan-Mar 1954)

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CENSOR TO HIGH Industry Files Argument in Crucial Action Aimed to Outlaw State Bodies WASHINGTON : “Motion pictures, as a part of the press, cannot remain half slave and half free,” the Motion Picture Association of America and the Independent Theatre Owners of Ohio have declared in a joint amici curiae brief filed with the United States Supreme Court on the “M” case. The brief, filed last week, called on the Supreme Court to reverse a decision of the Ohio Supreme Court which upheld the banning of the film “M” by Ohio censors. Arguments challenging the constitutionality of both Ohio and New York state film censorship laws were to be heard by the high court here Wednesday and Thursday. Censors Emphasize Impact Following the MPAA-ITOO statement, the Ohio censors submitted a brief to the Supreme Court wherein it was argued that the tremendous impact of the motion picture as a medium of communications requires some state censorship to protect citizens against some dangerous films. “The vividness of the medium,” stated the Ohio brief, “and its extraordinary capacity for conveyance of thought and emotional stimulus make it the most effective of all expressions, with the concomitant dangers involved in its abuse.” Arguing that Ohio regulates only obscene and immoral films or those tending to incite crime or license, the state added that “the impact of the motion picture, the unrestricted audience and the subject matter of those films which may be rejected, considered in combination, present an area of danger which Ohio as a state has constitutionally regulated.” The Ohio brief added that the Supreme Court’s “Miracle” decision permitted some prior film censorship. It declared that this was justified by a long-standing principle that the protection of the 14th Amendment was not absolute, but rather “varies as the expression, the place, the time, the manner of regulation and the impact of the medium varies.” Argue No Exceptions The brief of the Motion Picture Association, on the other hand, cited evidence to “refute the notion that the framers of the original state constitutions and First Amendment contemplated exceptions to the principle of absolute immunity from censorship. . . . The immunities which the Constitution provides for the protection of the press extends to such improvements of communication as motion pictures to the same extent as earlier forms of the press.” BRIEFS COERT The brief emphasized that Ohio theatre owners oppose state censorship “not only because they consider censorship a violation of their constitutional rights, but because they feel it imposes an inordinate economic burden upon the usual and customary pursuits of their business.” The MPAA brief pointed out that Ohio’s censorship fee ($3 per thousand feet of each print) has an adverse effect right down the line on the distribution and exhibition of motion pictures in the state. As example, the brief said that the censorship fees “are such a penalty on the distributor that he often finds it economically prohibitive” to supply an adequate number of prints to Ohio exchanges. Cite Excessive Costs “And were censorship not the stumbling block in transporting prints from one state to another, trucking charges could be drastically reduced,” the brief continued. It also pointed out that many motion pictures banned or cut by the Ohio censors are shown on television in the state with full constitutional freedom from censorship. “From 1948 to 1952,” said the MPAA, "1,836 motion pictures were shown over television in Ohio. Of these, 546 had never been submitted to censors ; 484 had been submitted and cut when originally shown (im theatres), but were shown in unexpurgated versions in the home; five films were totally rejected by the Board of Censors for theatre showing, but were shown in homes by the television broadcasts.” The joint brief was signed by Sidney A. Schreiber, general attorney of the Motion Picture Association, and Philip J. O’Brien, Jr., formerly on the legal staff of the MPAA. Two Justices Take Issue Two Supreme Court justices Wednesday took sharp issue with a plea that the Court declare unconstitutional all censorship of motion pictures prior to showing. During oral argument on the banning of "M,” Justices Frankfurter and Jackson flung questions and comment at John C. Harlor, attorney for Superior Films, Inc., distributors of the picture. Justice Frankfurter asked why it would be necessary to rule the Ohio censor statute unconstitutional. Justice Jackson indicated that he did not think an absolute rule that nothing could be barred would be possible. Arthur, New SCTOA Chairman, Urges Lower Admissions Harry C. Arthur, Jr., Tuesday assumed the board chairmanship of the Southern California Theatre Owners Associations, succeeding Gus A. Metzger, chairman since the organization’s formation in 1944. Schu?albery Hints at JXen? Technique HOLLYWOOD: Paramount Pictures has “developed a filming method which provides more camera angles, size and scope and the greatest picture definition and clarity of any method yet provided in the history of the industry,” A. W. Schwalberg, president of Paramount Film Distributing Corporation, announced this week at the end of a twoweek stay at the studio. The distribution executive predicted that "this new method will be a revelation when disclosed," and added “we will be ready to show it to the trade some time this year.” While here he conferred with Y. Frank Freeman, Paramount vice-president and studio head, and Don Hartman, executive producer, and looked at new product. "I have never in my career been more enthusiastic or optimistic for the future oi Paramount,” he said. “What I have seen at the studio has gone far beyond my fondest expectations.” He said he had also been assured “by the studio that our new attractions can be shown on any size screen and in any aspect ratio up to 1.85 to 1.” Among the new releases on which Mr. Schwalberg commented were “Red Garters,” a western musical comedy in colorby Technicolor starring Jack Carson and Rosemary Clooney; “Elephant Walk,” a Technicolor drama filmed partly in Ceylon, starring Elizabeth Taylor and Dana Andrews; “White Christmas,” which Mr. Schwalberg called “the biggest musical Paramount has ever made,” Technicolor and starring Bing Crosby, Danny Kaye, Rosemary Clooney ; “Sabrina Fair,” a comedy starring Audrey Hepburn and Humphrey Bogart, and "Knock on Wood,” Technicolor and starring Danny Kaye. Also coming up are “The Naked Jungle,” Technicolor, with Eleanor Parker and Charlton Heston; “Bridges at Toko-Ri,” with William Holden and Grace Kelly, Technicolor; “Jivaro,” Technicolor, with Fernando Lamas ; Alfred Hitchcock’s “Rear Window,” Technicolor, starring James Stewart, and George Pal’s “Conquest of Space,” also Technicolor. Los Angeles Communion Breakfast February 14 HOLLYWOOD: The Third Annual Communion Breakfast for members of the motion picture industry in the Los Angeles area will be held February 14 at 10 A.M. at the Hollywood Palladium, following 9 A.M. Mass conducted by Cardinal James F. McIntyre at Blessed Sacrament Church. 8661 Sunset Blvcl. A record attendance of 2,000 is expected. Tickets for the breakfast are available at all studios and film exchanges. George A. Smith, Paramount western division sales manager, is chairman for the third year. 14 MOTION PICTURE HERALD, JANUARY 9, 1954