Memorandum for His Excellency, the Governor of New York, in opposition to an act entitled "To regulate the exhibition of motion pictures, creating a commission therefor, and making an appropriation therefor." (1921)

Record Details:

Title:
Memorandum for His Excellency, the Governor of New York, in opposition to an act entitled "To regulate the exhibition of motion pictures, creating a commission therefor, and making an appropriation therefor."
Date:
1921
Publisher:
New York
Volume:
Memorandum for His Excellency, the Governor of New York, in opposition to an act entitled "To regulate the exhibition of motion pictures, creating a commission therefor, and making an appropriation therefor."
Leaf #:
0008
Language:
English
Collection:
Books and Government & Law
Format:
Books
Contributor:
University of California Libraries
Sponsor:
MSN
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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moral lesson. Of course, this business in its nature ad- mits of wrong doing. What business does not by abuse or by perversion? Pictures may be objectionable, but the question remains—is censorship necessary ? Obscene or indecent or immoral or sacrilegious pictures are of- fences against the criminal law. It is the approved American doctrine that the criminal law alone should deal with them. In this state beyond dispute the law is adequate: Muller's case, 96 N. Y.^-0^ People vs. Doris, 14 App. Div. 117; and even by specific provisions, Sec- tion 1141, of the Penal Law. It is no argument for cen- sorship to say that the criminal law, although adequate, is not enforced. The answer is that the criminal law should be enforced. The Ency. Brit., Vol. 26, 737, 738, says: "Lord Chesterfield's objection in the House of Lords was not unreasonable—'If the players are to be punished, let it be by the laws of their coun- try and not by the will of an irresponsible despot.' We were told at the hearing of some instances of offending, but we were not shown one instance when an enforcement of existing criminal laws and statutes could not have ended the evil and have punished the offender. Dereliction of duty under the existing law is no justifica- tion for new law such as this. (C) As TO THE ACT: We were told at the hearing that there are to be no censors. Duties, not nomenclature, define an office. So we shall term these motion picture commissioners " cen- sors." Under this act the business cannot exist without the censors' license or permit as to each film. The cen- sors are dictators as to each piece of merchandise. Not only must the censors refuse a license if they think the film or any part thereof is "obscene, indecent, immoral,