Motion Picture Commission : hearings before the Committee on Education, House of Representatives, Sixty-third Congress, second session, on bills to establish a Federal Motion Picture Commission (1978)

MOTION PICrURE COMMISSION. 11 Everybody appreciates the fact that these fihns have great possi- bilities along the line of upward or downward education, and so it seems that the most suitable place for it, in recognition of its moral and its national scope, is in connection with the bureau of education. Mr. RuPLEY. I do not think you have answered the inquiry of Congressman Treadway. One inquiry was relative to the conflict between national authorities and local authorities. Now, that does not arise relative to the act of Congress prohibiting the presentation of pictures of prize fights; the conflict will arise relative to the viola- tion of the provisions of this act of Congress or the violation of cer- tain acts of assembly of particular States. The State board of censorship would decide in reference to any violations of the acts of assembly and the national board could not pass upon such violations, and in order to avoid the interstate-commerce proposition they might say, " We have the right to use this film within the State, and as long as " Mr. Crafts (interposing). Ja it j'our point tliat perhaps it may be unconstitutional to provide a penalty? However, we do not provide any penalty, mark you, except for the transportation of films in interstate commerce. There is a penalty now, as I understand, for the transportation of obscene books, and that has passed the Supreme Court, and in the transpor- tation also of lottery tickets. We do not punish for a violation except in the Territories and the District of Columbia, and we also punish when films that are not passed are transported in interstate commerce—-that is, films that have not a certificate, which is the same idea as that in connection with tobacco. If tobacco is not properly stamped, as I understand it, there is a violation of the internal- revenue laws, either in shipping it from State to State or selling it anywhere without a stamp. In tliis case the penally is never for any act in the State. So far as that exception is concerned I have made that very clear. We have two distinct parts in the bill—in the District of Columbia, the Territories and the Canal Zone, or any district controlled by the Government. And I may say that the Canal Zone Avill need this supervision very much when it gets well under Avay. In all of those cases the Government controls and punishes the violation of any act contrary to this bill. But when it comes to a State, they can exhibit anything without a license, and they are onlj'^ under the control of the State or local boards. They do not have to come here if they manufacture films for use in a State alone; they do not have to come hei-e for those films that are manufactured for local exhibition. Mr. RupiyEY. We coidd not reach them iiiider tliis act or any other act of Congress ? Mr. Crafts. No. We have taken intu act-oinit the matter of the infringement of State rights. Although I am not a lawyer, I have familiarity with these features of State and National regulation. Now Rev. William Sheafe Chase will speak to you. He is the rector of a church; he is at the head of the Social Service Commission of the Diocese of Long Island; he is also vice president of the New York Society for the Prevention of Crime. He very often goes ta Albany, and there he is a very welcome figure among the legislators.