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 PICTURE COMMISSION. 201 Mr. ScHECHTER. I take issue with you, Judge, that there is a great morbid demand, and as to this particular picture, I respectfully refer you again to the fact that it was reproduced by an irrespon- sible concern which was organized for the purpose of producing that particular photo-play and none other. It was not produced by any of the representative companies. Mr. Towner. Do you not believe that all of your film manufac- turers would reproduce every prize fight in this country that was ever held, if they were not censored ? Mr. ScHECHTER. I do not understand that prize-fight pictures are censored. It is, however, my understanding that a law has been passed making unlawful the exhibition of such moving pictures, and accordingly I answer your question. I say that the manufacturing company which I represent and the other manufacturing companies here represented and mentioned will follow the law. The law pro vides that no prize-fight picture shall be produced, and we do not produce them. That is the bone of our contention. I say if you want to have effective laws, make them as strong as you please; say to us that we shall not put out pictures depicting certain things and we will follow the law to the letter. Mr. Towner. Is this the result of your objection to censorship: That it determines in advance of representation, instead of determin- ing after the representation, that it is wrong and will exert a wrong influence ? Mr. Schechter. That is one of the many objections. Mr. TowKER. You just said you would obey any law that is passed no matter how strong it may be. Suppose the States do pass laws declaring that no representations of any crime shall be exhibited at all, and no representation of anything that shall be considered as vulgar or indecent shall be exhibited, and that no representations of prize fights, murders, or the like shall be exhibited—you say yoii would not object to that? Mr. Schechter. I do not believe a legislature could be found in. the entire United States that would pass laws having for effect all of the things which you mention, for in so doing they would have to make a similar provision making it impossible for a newspaper to write u]) a story concerning any of those things. Mr. Towner. What is the difference betAveen the determination in advance and the determination after the fact? Mr. Schechter. There is a great difference. Judge Towner, for it lays doAvn in advance rules for the guidance of the multitude on the subjects of religion and morals, and refers back to the days of ancient Rome, when men set themselves up as guides to their fellows in what they should and should not do. This question was fully settled when our Government was formed and it was determined that censorship was to have no place in America. The first amendment to the Con- stitution was made which provides that— Conf?ress shall i^ake no laws respecting the establishment of religion or pro- hibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceai)ly to assemble and to petition the Government for a redress of grievances. Mr. ToAVNER. Do you not think it better to prevent the moral effect of the picture than to punish the men after the picture is exhibited*