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JUDGE HERMAN M. MOSER OF TH ^^THE MARYLAND STATE BOARP mm THE MOTION PICTURE flU
^^B^ ^" Opinion the Judge States:
"The Court finds as a fact that THE MOON IS BLUE' is neither obscene, indecent, immoral, nor tending to corrupt morals . . . the action of the Board in banning this film was arbitrary and capricious,
. . Even though it might well be urged that the Production Code Administration was wrong in banning the film, as has been done by some film magazines, the more essential point is that those clauses in the Code cited against *THE MOON IS BLUE' are not such standards as may constitutionally be applied by a governmental censor.
. . One cannot consider, in applying this test, only the sensibilities of the prudish or to condemn a work as salacious because of its possible effect upon *the ignorant, the immature and the sensually inclined'. ( U. S. vs. Levme, 83 F. 2d 156, )
"...The *accepted' test, meaning that sin must be shown as socially condemned, can result in a formula for popular pornography whereby sin can be presented with the most exaggerated attraction if accompanied by a bogus theme of retribution. It would perhaps not exceed the bounds of judicial notice to say that almost all pornography of the *true experience' type purports to show that sexual immorality leads to shame and disgrace, the theory apparently being that the superficial morality fools people into enjoying salacious stories or salves their conscience. This may be good business, but it is not a test of decency.
*^..If the Production Code were law it would be plainly unconstitutional."