The annals of the American academy of political and social science (Nov 1926)

Official Censorship Legislation 165 mittee on Education, of which Mr. Hughes was chairman, and exhaustive briefs were printed by both sides, but the bill was finally defeated. Several bills have since been introduced embodying the same or similar provisions, conspicuous among which was the one introduced in 1922 by Mr. Appleby of New Jersey.^ By far the most comprehensive and radical bill that has been proposed for Federal censorship was that introduced by Congressman Wm. D. Upshaw, of Georgia, in December, 1925.^ This bill also provided for the creation of a Federal Motion Picture Commission as a division of the Bureau of Education in the Department of the Interior. It was to be composed of seven members, the Commissioner of Education, ex officio, and six commissioners appointed by the Secretary of the Interior from a list of eighteen persons nominated by the Commissioner of Education. Two of the commissioners were to be women. At least two of the commissioners were to be members of the legal profession, two experienced teachers with a knowledge of the psychology of youth, and at least one with experience as a member of a state or municipal board of censors. The chairman of the commission was to receive $10,000, and the other commissioners $9000 per year, and all were to serve during good behavior. The bill gave the commission power (1) to preview and license motion picture films, (2) to examine and censor scenarios, and (3) to supervise their production in the studios. A license from the commission was made a prerequisite for copyright. The board was given authority to issue permits without inspection for scientific, educational, industrial and religious films, and for news reels, and current events ' H. R. 10577, February 22, 1922. 8H. R. 6233, December 21, 1925. 69th Congress, 1st Session. films. No film could be accepted for interstate commerce unless accompanied by a license or permit from the commission. The inspection fees were fixed at $10 per reel for originals and $5 for duplicates, and from the receipts, $1,000,000 was to be appropriated annually to the Bureau of Education. The commission was also given power to inspect and censor posters and advertising material of all kinds. Any commissioner or deputy was authorized by the bill to view films, but in case he refused a license, the applicant could demand a review by three members of the commission. Final appeal was provided to the Court of Appeals of the District of Columbia. The bill laid down minimum standards for the guidance of the commission. In addition to the general prohibitions, it listed thirteen specific prohibitions. For instance, under the bill no films could be licensed which "emphasize and exaggerate sex," "based upon white slavery," "making prominent an illicit love affair," "exhibit nakedness or persons scantily dressed," "bedroom scenes," "passionate love," "scenes which are vulgar," etc. But the most radical provisions of the bill were of a regulatory character. It required all persons engaged in any branch of the moving picture industry, whether as producer, distributor, exhibitor, director, actor, artist, photographer, costumer, or in other capacity, to register with the commission, and gave the commission power to cancel registration for violation of its orders or regulations, or the provisions of the law. It forbade unfair and deceptive practices and gave the commission power to investigate such practices and to issue orders with reference to the same. It gave the commission power to fix rentals for films, and to fix the admission rates for theatres. It required trade associations (and trade