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 #:
00015
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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voke the permit. The film becomes an unlawful thing. The outlay may be a total loss. And the permit holder has no redress. A permit may be transferred or assigned. One may ask also what defense the original holder could make to any action arising out of his obligations that he may have incurred. Sec. 7 is practical confiscation by fiat without reason stated, and by fiat without the right of review. True, the permit holder has the poor privilege of applying for a license, but the mischief has been done, the wrong com- mitted. And what chance has he of procuring a license after the permit is revoked I DISCUSSION OF SECTION 11. In addition to the examination of the film prescribed by Sec. 5, Sec. 9 requires an application "in writing in the form, manner and substance prescribed by the com- mission/.! These are general words. There is no stat- as to the essentials of the applica- tion — no limitation upon the censors. Yet Sec. 11 pro- vides any license or permit issued upon a "false" or "misleading" affidavit or application shall be wholly void ab initio. Who pronounces upon the falsity or the misleading? The censor, first and last. "Falsity" is -one thing. "Misleading" is another. Who first and last and finally says the censor has been misled! The censor himself. He declares that he has been misled. There may have been no just ground for that conclusion. It may be that a third person or court or judge would decide that there was no substantial ground for that con- clusion. But there is no provision for review. Even the certiorari of Sec. 10 is only for refusal of a license. Censor ipse dixit. Sec. 11 also provides, "Any change or altera- tion" in a film after license or permit, except the elimination of a part or except upon written