The Exhibitor (1952)

EXHIBITOR 9 Trade Wins Round In Ohio Censor Battle VCI Chieftain Sets Trade Paper Meeting New York — It was learned last week that Jack Beresin, Chief Barker, Variety Clubs International, together with Jack Chisholm, International Press Guy, will meet with the publishers and editors of motion picture trade papers on Sept. 25. These publishers act as an advisory body in all matters concerning publicity for Variety Clubs International. Members are W. R. Wilkerson, Ben Shlyen, Tom Ken¬ nedy, Mo Wax, Abel Green, Martin Quig¬ ley, Jack Alicoate, Joe Schoenfeld, Harry Brandt, Hye Bossin, and Jay Emanuel, Exhibitor. Beresin and Chisholm are also meeting with the heads of all the newsreel com¬ panies to get coverage of VCI activities for the coming year as this year marks the 25th anniversary. John Fulton, At¬ lanta, has been appointed chairman, radio and TV committee, in charge of the Silver Jubilee celebration being held at the William Penn Hotel, Pittsburgh, on Nov. 21, 22, and 23. Beresin also announced the possibility of two new tents this year, in Paris and Rome. The State Department is now inter¬ ested in the work Variety is doing not only in the United States but in foreign countries, and the Department is encour¬ aging it to open tents in other countries. Canada is recognizing the good work being carried on by the Variety Club of Toronto, which operates Variety Village, and the Department of External Affairs, Ottawa, just released a picture story of this project to a large number of impor¬ tant embassies arid consulates for publi¬ cation in foreign countries. Golden Joins Bankers Trust New York — Herbert L. Golden, veteran motion picture trade paper man, this week joined Bankers Trust Company to serve in a new entertainment industries division, headed by vice-president Harry Watkins, specializing in financing of films, television, radio, and related fields. Golden’s headquarters will be at the bank’s Radio City branch, where the in¬ stitution’s entertainment industries activi¬ ties will be centered. Golden started in the field with The Philadelphia Record. On leave of absence during the war, he served on the film staff of the U. S. Coordinator of InterAmerican Affairs and in the navy. Dietz Inaugurates Ad Course New York — Howard Dietz, vice-presi¬ dent in charge of advertising, publicity, and exploitation, Loew’s, Inc., will give the inaugural course in showmanship to be initiated by the AMPA in the RKO screening room on Sept. 25. The two-hour course will continue for 12 Thursday nights. Industry leaders in advertising, pub¬ licity, and exploitation will teach. Tuition is $15, and the course is open to all inter¬ ested to the limit of the facilities. Regis¬ trar is Edgar Goth, Fabian Theatres. Court Rules Newsreels Are Entitled To Protection News¬ papers, Other Media Receive; Johnston Hails Verdict Toledo, O. — Judge Frank W. Wiley last week handed down a decision which rules that the censorship of motion picture newsreels by Ohio is unconstitutional, marking a signal victory for the trade. Dr. Clyde Hissong, director, Department of Education, Division of Film Censorship, announced an immediate appeal. Judge Wiley upheld the contention of the defendant’s counsel that “newsreels are entiled to the same protection from ‘prior restraint’ as newspapers and other publications have historically been en¬ titled to receive,” and further held that prior restraint in the case of the Ohio regulations consists first of the require¬ ment to submit films for censorship prior to their showing, and, secondly, of the requirement covering inspection fees. The court said the Ohio law violated both the constitution of Ohio and the first and 14th amendments of the United States Constitution, guaranteeing freedom of speech and freedom of the press. The judge accepted the arguments of defendant’s counsel stacking “vagueness of the criteria on which the administra¬ tive officials are to act (in their job of censoring) , particularly as applied to newsreels.” The Ohio law, he pointed out, pro¬ vides approval for “only such films as are in the judgment and discretion of the Department of Education of a moral, edu¬ cational or amusing and harmless char¬ acter. What may appear harmless to one person may appear harmful to another, depending upon the experience, and en¬ vironment.” He said further: ’’The criteria, there¬ fore, comes down to what the particular reviewing board happens to think about the particular picture. The Ohio censor¬ ship statutes do not say, as the criminal statutes do, that only lewd and obscene publications are objectionable. “ . . . from a 1952 standpoint, it appears that the self-censorship in the industry has removed much of the possibility for evil that may have existed in earlier years; likewise, the necessity for the use of general terms in censorship statutes to cover unexpected developments is mini¬ mized by the actual development pattern of the industry. “It does not follow,” Judge Wiley warned, “that the constitution requires absolute freedom to exhibit every motion picture of every kind at all times and all places, but nothing was presented to this court to warrant making an exception to the prevailing rule of ‘freedom on speech and press.’ . . . Newsreels are an estab¬ lished method of communication of news. No controlling distinction can be made between newsreels and newspapers.” It is apparent from the language of the law, itself, Judge Wiley said, that the $3 minimum fee for “inspection” of news Harvey Suggests Orgs. Start Buying Combines SAN FRANCISCO— Rotus Harvey, former WTO president, proposed last week that exhibitor associations set up their own buying and booking departments, operated at cost, for small individual theatre owners. Harvey explained that exhibitors living away from exchange centers receive infrequent calls from film salesmen, and have little time to go into an exchange city to buy film. reels “is not merely a license fee to cover the cost of making the inspection but is a tax imposed on motion pictures. It is our opinion that these charges con¬ stitute a tax, and, as such, are a form of ‘prior restraint’ which violates the constitutional guarantee of freedom of speech and press. There is no attempt by Ohio to tax other media of dissemination of information in the same manner such as newspapers, magazines, radio, tele¬ vision.” The court continued: “The charge of $3 per film is discriminatory because it singles out one method of disseminating information against all others, and, there¬ fore, violates the due process and equal protection clauses of the Federal and state constitutions.” The test of the Ohio statute started on July 18 with the arrest of Martin G. Smith on a charge of violating the law by exhibiting the uncensored “American Newsreel”, distributed by 20th-Fox, at his Westwood, here. In hailing the decision, Eric Johnston, president, the Motion Picture Association of America, issued the following state¬ ment: “The Ohio Court’s decision carries out the clear dictates of the United States Supreme Court, and is another moment¬ ous step toward the liberation of Ameri¬ can motion pictures from the yoke of censorship. “The ruling that the censorship of newsreels is unconstitutional marks a great victory for those who believe in freedom and democracy. It’s a resounding defeat for those who would muffle or de¬ stroy free speech and a free press in our country. “I want especially to commend the courageous action of Martin Smith, of Toledo, in bringing about this court test which has turned out so successfully.” Maryland Board Passes “The Miracle” But Criticizes Baltimore, Md. — Although the Mary¬ land State Board of Motion Picture Censors has approved showings through¬ out the state of “The Miracle”, it con¬ demns the picture as “an obvious indignity to religious personages and beliefs,” it was revealed last week. Sydney R. Traub, board chairman, com¬ mented in passing the film, “We have no legal alternative other than to approve ‘The Miracle’.” He referred to the recent U. S. Supreme Court ruling. September 17, 1952