Boxoffice (Oct-Dec 1962)

Stiff D, C Censor Bill Passed by Congress WASHINGTON — A measure providing stiff penalties for showing obscene motion pictures in the District of Columbia was rushed through Congress Friday (5), with Senate voice-vote approval and a House vote of 270 to 18, despite the fact that hearings on the measm'e were not held in the House. The bill, aimed primarily at “obscene, lewd or indecent” literature, includes motion pictures and provides that theatres showing obscene films can be closed for as long as a year, that projectors can be seized, that fines of $50 to $500 can be imposed as well as up to a year’s imprisonment. Rep. John V. Lindsay (R., N. Y.,) said there were members of the D. C. Committee who had never seen the bill before the vote on the conference report and complained that “there are no standards” in the measure. “Apparently,” he said, “any minor governmental official or policeman can set himself up as the judge.” Rep. Mac Mathias <R. Md.,) also protested the measure, but said he would support a constitutional anti-obscenity bill. President Asked to Veto D.C. Obscenity Statute WASHINGTON— In a letter from the Motion Picture Ass’n of America, President Kennedy has been asked to veto the so-called anti-obscenity bill for the District of Columbia because it was “reminiscent of the seizure of printing presses in 17th Century England.” The letter, written by Sidney Schreiber, MPAA general counsel and secretary, stated that the bill transgressed the permissible bounds of governmental control of obscene material. Schreiber wrote that the bill was defective constitutionally and practically, because it had been established that a government’s control of offensive matter was limited to that material which was obscene. He added that non-obscene matter may not be restrained either directly or indirectly and yet “this bill, in the guise of controlling the dissemination of obscene publication, indirectly restrains non-obscene matter.” The penalties imposed by the bill, Schreiber wrote, had the in terrorem effect, in that equipment could be seized and forfeited. “We know of no other statute in the United States which, as this bill does, provides for the wholesale seizure and confiscation of fixtures, equipment and stock which could be used in the legitimate dissemination of speech,” Schreiber said. “Indeed, this provision is reminiscent of the seizure of printing presses in 17th Century England. Nor can an analogy be drawn to the right of a state to seize and confiscate gambling equipment or cars used for criminal purposes. The Supreme Court has recently so stated in reviewing the constitutionality of the seizure provisions of a Missouri criminal obscenity statute.” Schreiber said the bill raised additional constitutional problems, such as the imposition of liability for mere possession without knowledge of the contents, in contravention of a recent Supreme Court decision; but its major defect was the inhibiting effect which excessive and inappropriate sanctions would impose upon constitutionally protected speech. In conclusion, the MPAA cotmsel said; “Our association has favored the control of obscene matter through properly di’awn ci’iminal obscenity statutes. This bill, however, threatens the publication of constitutionally pi’otected non-obscene matter.” The American Civil Liberties Union also asked President Kennedy to veto the new obscenity law. The Washington chaper of the ACLU urged President Kennedy to veto the Dowdy bill, and was warned that if the measure is signed into law the Supreme Court would declare it conconstitutional. The freedom of the communications media would be endangered, ACLU said, and that “although restricted to the district ... it would have nationwide ramifications among cities and states ... in effect the bill would give every policeman in the nation’s capital the untrammeled authority to disrupt and close down any newspaper, broadcasting station, motion picture or live theatre . . .” It was also pointed out by the organization that there had been only one day of hearings in the House on the original bill, none in the Senate, and no hearings on the amended measure which emerged from the conference. There had been “no effective debate” on the far-reaching measure, it was also charged. WOMPI President Names Committees for Year ATLANTA — Mrs. Jean W. Mullis, president of the International Ass’n of Women of the Motion Picture Industry, has announced the appointment of the following committee chairmen for the fiscal year, 1962-63; Mary Heueisen, Kansas City, membership; Lois Evans, Memphis, bylaws; Mrs. Florence Work, Des Moines, finance; Mrs. Frankie English, Atlanta, publicity; Mrs. Gene Barnette, New Orleans, Will Rogers Memorial Hospital; Goldie Woerner, Kansas City, ways and means; Anna Belle Miller, Denver, industry service; Mrs. Lee Nickolaus, New Orleans, historian; Florence Long, Toronto, Canada, and Mrs. Myrtle D. Parker, Charlotte, chairman and cochairman, respectively, extension; Mrs. Stella Poulnot, Atlanta, editor of Newsletter. For the 1963 convention to be held in Dallas, Rosemary White and Mrs. Mable Guinan, both of Dallas, will serve as cochairmen. Hoffberg Acquires Two Shorts NEW YORK — Hoffberg Productions has acquired two shorts, “Little Pedro,” a prizewinning Technicolor short, and “Granada,” a musical documentary produced by Tarfe Films, Madrid, for release in the world market. Youngstein, Pickman Form New Company NEW YORK — A company which will concentrate on production and may extend into distribution is being blueprinted by Max E. Youngstein and Jerome Pickman. Youngstein’s contract as executive vice-president of Cinerama, Inc., will expire on December 31. Pickman, until last summer, was vice-president and general sales manager of Paramount Pictures. Youngstein told Boxoffice that details Max E. Youngstein Jerome Pickman would be completed within the next two weeks and that he would be president of the company. He said the new firm would be patterned along the lines of those of the Mirisch Co. and Seven Arts, but that the exact structure had not been determined. “I can give no specific details at this time,” Youngstein said. “Jerry Pickman and I have been discussing the venture for some time and progress is being made.” Youngstein, before joining Cinerama about a year ago, was vice-president of United Artists and, prior to his departure, there had been negotiations whereby he would have headed up Allied Artists for a syndicate which was seeking control. That deal failed to materialize. R. F. Walsh in Hollywood On Jobless Benefits LOS ANGELES — Richard F. Walsh, lATSE International president, following last week’s ■ general meeting with all business agents of union locals here, is currently conferring with Charles S. Boren, executive vice-president of the Association of Motion Picture Producers, on general unemployment problems of film crafts. Walsh is trying to secure health and welfare fund benefits for individuals becoming ineligible through lack of qualifying jobs. Major issue is the theatres’ demand for reduction in some 30 theatres of two-man operations to single operator. The union also is making a number of requests, including wage increases, health and welfare facets. Larry Ayers to Embassy In Administrative Post NEW YORK — Larry Ayers has been appointed to the administration and sales staff of Embassy Pictm-es by Leonard Lightstone, executive vice-president. Ayers resigned as executive assistant to the general sales manager of 20th Century-Fox to accept the post. 6 BOXOFFICE :: October 15, 1962