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)

Page scan 00020 from 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."

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 #:
00020
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
University of California Libraries
Sponsor:
MSN
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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15 DISCUSSION OF SECTION 13. The maker may have a film which has been licensed as free from all criticism. He naturally may have sold it to many persons. Section 13 provides that if any ex- hibitor makes an obscene, indecent or immoral or sacri- Hgious poster, banner or similar advertising matter as to the film the commission may revoke "any permit or license issued by the commission." Doe may have made an entirely proper film beyond criticism and have sold it to a hundred exhibitors. Roe (one of them in some re- mote town) may advertise the picture against this Stat- ute. Doe, 500 miles away, is entirely innocent. And yet the Statute, to say the least, isjoosely expressed as to permit revocation of "any permit or license." Of course the limitation should have been made as to the permit or license of the offender. Finally we again lay stress upon those many provi- sions of the act discussed heretofore which in effect may destroy property that exists in these films, and impair if not destroy vested rights. Such confiscation or for- feiture is not an exercise of the police power, but is "in- tended as rather a punishment for an unlawful act." Hence there should be judicial proceedings, either per- sonal notice to the owner, or at least proceedings in rem with notice by publication.. Freund on Police Power, 526; Caffey v. U. 8., 116 U. S. 427; United States v. Zucker, 161 U. S. 475. I know Lawton v. Steele, but the turning point of that case was the value of the nets taken, $15. And see Colon v. Lisk, 153 N. Y. 188. A STATUTE PROPER FOR OHIO OR KANSAS MAY BE AND IS IMPRACTICAL AND UNREASONABLE FOR NEW YORK. The world market of the film industry is the State of New York, in fact New York City.