The Exhibitor (1959)

July 15, 1959 MOTION PICTURE EXHIBITOR 9 Battered N.Y. Censors Regroup Forces "Chatterley" Decision Draws Conflicting Opinion On What Happens Now To State Film Control ALBANY — It will be fall before a decision is made on possible changes in the New York State film licensing statute, as a result of the U.S. Supreme Court unanimous ruling that the state ban on “Lady Chatterley’s Lover’ should be lifted. This appeared certain in the light of devel¬ opments following receipt here of copies of the decision. While the Law Division of the State Education Department studied the rul¬ ing and the Joint Legislative Committee on Offensive and Obscene Material, through Chairman Joseph R. Younglove, indicated there would be “conferences” with the Edu¬ cation Department and the Attorney Gen¬ eral’s office on the desirability of amending the law, there was no likelihood of a quick determination. The Board of Regents will not have a “dis¬ cussion meeting” until the last week in September, and Assemblyman Younglove stressed there was “no hurry” on the part of his group, which sponsored bills tightening film censorship at the 1958 and 1959 sessions, to take action because amendments can not be introduced before the Legislature con¬ venes next January. Younglove, incidentally, was the only leg¬ islator to release a statement on the Supreme Court decision. He was “amazed” and “unable to comprehend the reasoning of the learned judges.” “I certainly do not agree with them,” his statement declared. “This may be a good legal interpretation of law but it does not make good common sense to me. Perhaps we need less law and more sense.” On the other side, Assemblyman Bentley Kassal, Manhattan Democrat-Liberal, while not touching directly on the decision because he had not yet found time to study it, as¬ serted he was “opposed to the basic concept of pre-censorship.” Assemblyman Kassal, a lawyer, was very much at odds with the Pennsylvania idea of placing the burden of proof a film was not obscene on the exhibitor. Assemblyman Marano, a strong advocate of censorship, also took a position against that section of the Pennsylvania statute, as did Assemblyman Daniel M. Kelly, New York Democrat-Lib¬ eral. One Senator, familiar with film censorship legislation, opined that the New York State operation might be “tottering.” Another law¬ maker thought the Supreme Court decision “earth-shaking” in its possible significance to motion picture people; a third called the ruling “revolutionary.” Assemblyman Marano held out hope the forces supporting motion picture licensing would be better organized by the time the next legislative session opens. Dr. Hugh M. Flick, ex-director of Motion Picture Division, State Education Department and current executive assistant to State Edu¬ cation Commissioner James E. Allen, Jr., not only expressed the opinion that strong sup¬ port for film regulation existed, but that sentiment for it was “growing.” Eventually, he thought this development would have an effect on the courts. Flick underlined the “complexity” of a "Anatomy" Opens Chi Run After Court Rout Of Censors CHICAGO — U.S. District Judge Julius H. Miner last week issued an injunction prohibiting the City Censors from inter¬ fering with the exhibition of Otto Prem¬ inger’s Columbia release, “Anatomy Of A Murder.” The picture immediately opened at a downtown theatre, which had held the film on reserve for a week while the litigation pended. In his opinion, Judge Miner said he could not regard the film “as depicting anything that could be reasonably con¬ ceived as corrupting public morals. Taken as a whole, the film can not be placed in the category of being obscene or immoral because its dominant theme does not tend to incite passion.” problem which many think is “simple of solu¬ tion” by pointing to the five separate opinions in the 4-3 decision of the State Court of Ap¬ peals upholding the Regents’ ban on “Lady Chatterley’s Lover,” and the six opinions, plus a 5-4 split in one phase, of the Supreme Court’s findings on that film. He declared: “This is only one part of a much larger problem — the impact of commu¬ nications on a highly developed society. There is an urgent need for a long-range study of this highly involved problem. Per¬ haps it could be financed by a large founda¬ tion.” Flick called attention to the fact Ephraim London, attorney for Kingsley International Pictures Corporation, had applied for a li¬ cense to exhibit “Lady Chatterley’s Lover” the morning after the Supreme Court deci¬ sion. The only locally publicized reaction to that ruling by an industry man came from Alfred G. Swett, district manager for Stanley Warn¬ er. He was quoted as saying: “We have no intention of showing the film here. We have proven to ourselves in the past that showing a film of this sort, which the majority of people in the area are against, is not good business.” Swett also manages the Strand, one of two SW houses which took a financial beating after Bishop William A. Scully banned them for Catholics for six months because they showed “Baby Doll” (condemned by the Le¬ gion of Decency). The official Catholic reaction here to the Supreme Court finding in “Lady Chatteriey’s Lover” was in the form of an “Evangelist” editorial which declared, “The authority of Almighty God was shockingly mocked this week by a decision of the U.S. Supreme Court.” 'Morality" Amendment Proposed By Five Southern Legislators WASHINGTON — A proposed Constitutional amendment to guarantee the right of any state to enforce censorship of motion pic¬ tures and printed material was seen here last week as a jab at the U.S. Supreme Court and its recent censorship rulings, particular¬ ly the case of over-ruling New York City censors in the “Lady Chatterley’s Lover” case. The draft was prepared by Senator James O. Eastland, of Mississippi, regarded as long (Continued on page 23) Exhibs Concerned In N.O. Ad Censorship NEW ORLEANS — Motion picture people, as well as those in other fields of entertain¬ ment, are disturbed over The Times Pica¬ yune-New Orleans States and combined New Orleans Item newly inaugurated policy of censorship for advertising. According to a representative of the news¬ paper’s amusement advertising, if and when any advertisement presented contains any phrase, line, or pictorial material pertaining to lasciviousness of the attraction, or stimu¬ lating of thought of impropriety, or any catchlines, either suggested by press books or created by the exhibitor himself, consti¬ tuting “a serious threat to public morality,” it will positively not be accepted by them for public announcement. “Our decision of censorship of advertising is the result of stacks of letters received daily during the past months from church, fraternal and school groups, as well as individuals, who petition and protest, some demanding that such trashy and indecent advertising should and must be stopped if we aim to hold a commanding position in the public’s minds and in readership,” said he. But, several people in the theatrical field, both motion pictures and live shows, allege the immediate cause of the action is a recent article in Times Picayune by a clergyman, concerning an illicit carnal act and the stab¬ bing to death of a girl by a teen-age boy held in high esteem by teacher, schoolmates, neighbors, parishoners, and friends. The clergyman insinuated that such “fiendishness” is infused in youngsters by some motion pic¬ tures and TV shows, and added that the ad¬ vertising carried in the paper is “disrepu¬ table and portrays innuendo and suggestive¬ ness.” New Orleans and adjacent communities un¬ der New Orleans jurisdiction have no cen¬ sorship ordinance for films or for any other phase of entertainment, and thus far none has ever been proposed. "Sneaky" Doings For "Ben Hur" NEW YORK — Not only has the worldpremiere of MGM’s $15,000,000 production of “Ben-Hur” at Loew’s State next fall become a matter of unprecedented interest in the trade, but now theatres throughout the coun¬ try are besieging the MGM studio and the New York sales office for the chance to have the sneak preview scheduled for somewhere, sometime in September. From a half dozen cities have come pleas for the unheralded secret showing to be put on in their localities. MGM is determined that the “Ben-Hur” sneak preview will be the “sneakiest” on record. They want the first public showing of the picture to be before a typical, un¬ prepared, American audience, without the usual “preview” addicts. The exact time and precise city will be kept secret until a few hours before the unveiling. NT Declares Dividend LOS ANGELES — The board of directors of National Theatres, Inc., has declared a quar¬ terly dividend of 12 V2 cents per share on the outstanding common stock. The dividend is payable July 30 to stockholders of record at the close of business on July 16.