Motion Picture Herald (1954)

1 Pa. Court Throws Out Censor Cuir PHILADELPHIA : Pennsylvania State censorship of moving picture films under the present statute was declared in violation of the Federal Constitution by a Philadelphia Court of Common Pleas here last week. While the opinion stripped the Pennsylvania State Board of Censors of virtually all its legal powers, the court was quick to add that a new law, “clearly drawn and designed and applied,’’ would give the agency the right to ban “films that are obscene, indecent or that tend to provoke breaches of the peace.” It was an appeal from a final order of the Censor Board dated July 30, 1953. Judge Lewis’s ruling was the first on the board’s constitutionality by a state court in many years. There were several appellate court decisions upholding the validity of the state act during the years immediately after its passage in 1915. Appeals Decision Abraham J. Levy, a special deputy attorney general and a member of the Censor Board, appealed the decision the following day and President Judge Edwin O. Lewis agreed to delay enforcement of his ruling until the Appellate Court acts on the appeal. The opinion, written by Judge Lewis, was followed by an order “reluctantly” lifting the ban on a film entitled “She Shoulda’ Said No” of Hallmark Productions, Inc. It was the producer who entered the suit after the board of censors ruled that 22 scenes in the show were found to be objectionable. In lifting the ban on the picture which deals with the evils of drug addiction, the court stated that “from a public point of view nothing but harm can result from the exhibition of this film, and it is difficult to conceive of any reason for its production other than the usual desire for financial gain.” “However,” the court added, “we are compelled most reluctantly to remove the ban upon the exhibition of the film in Pennsylvania for the reason that the Act of Assembly creating the machinery of censorship offends against the Federal Constitution, as construed by the Supreme Court of the United States in its latest relevant decisions.” Recognized Importance Recognizing the importance of the opinion, Judge Lewis pointed out that while the court has virtually discarded the censorship statute in the State, “we do not thereby deprive the community of all power to control motion picture exhibitors.” “The police power is broad in scope,” he added, “and we believe that it may be invoked to put an end to the exposure of films that upon exhibition are proved to be clearly indecent, obscene, or such as tend to provoke rioting, etc.” THE WINNERS CIRCLE Pictures doing above average business at first runs in the key cities for the week ending September 25 were: Albany: The Bounty Hunter (W.B.) Atlanta: Betrayed (MGM), The Bounty Hunter (W.B.), The Caine Mutiny (Col.), Knock on Wood (Par.) Baltimore: Black Shield of Falworth (U-I), Dragnet (W.B.) 4th week, Seven Brides for Seven Brothers (MGM) 4th week, Susan Slept Here (RKO). Boston: The Caine Mutiny (Col.) 12th week, The Egyptian (20th-Fox) 3rd week, On the Waterfront (Col.), Rear Window (Par.) 4th week, Vanishing Prairie (Buena Vista). Buffalo: Betrayed (MGM) 3rd week, Duel in the Sun (SRO reissue) 2nd week, The Egyptian (20th-Fox) 3rd week, Sabrina (Par.), Valley of the Kings (MGM). Chicago: Brigadoon (MGM), Broken Lance (20th-Fox), The Caine Mutiny (Col.) 12th week, Gone With the Wind (MGM)' Susan Slept Here (RKO) 6th week, Vanishing Prairie (Buena Vista) . Cincinnati: Broken Lance (20th-Fox), Dragnet (W.B.) 3rd week, Magnificent Obsession (U-I), Rear Window (Par.) 4th week. Cleveland: The Egyptian (20th-Fox) 3rd week, Suddenly (U.A.) Denver: Broken Lance (20th-Fox) 4th week, The Egyptian (20th-Fox), Rear Window (Par.) 4th week. Des Moines: Rear Window (Par.). Detroit: The Egyptian (20th-Fox), Magnificent Obsession (U-I) 4th week, Seven Brides for Seven Brothers (MGM). Kansas City: The Egyptian (20th-Fox) 3rd week, Living It Up (Par.) 3rd week, Rear Window (Par.) 3rd week, Seven Brides for Seven Brothers (MGM) 3rd week. Hartford: Gambler from Natchez (20thFox), Naked Alibi (U-I), On the Waterfront (Col.), Seven Brides for Seven Brothers (MGM) 2nd week. Indianapolis: The Caine Mutiny (Col.), The Egyptian (20th-Fox) 2nd week, Suddenly (U.A.). Jacksonville: Dawn at Socorro (U-I), Francis Joins the Wacs (U-I), Rear Window (Par.), Seven Brides for Seven Brothers (MGM). Memphis: Betrayed (MGM), The Bounty Hunter (W.B.). Miami: Rear Window (Par.) 2nd week. Minneapolis: Apache (U.A.) 2nd week, Dragnet (W.B.) 3rd week. New Orleans: The Black Shield of Falworth (U-I) 2nd week, Dragnet (W.B.) 2nd week, King Richard and the Crusaders (W.B.) , Seven Brides for Seven Brothers (MGM) 3rd week. Oklahoma City: Broken Lance (20th-Fox) 4th week, The Egyptian (20th-Fox) 2nd week, Susan Slept Here (RKO) 2nd week. Omaha: The Black Shield of Falworth (U-I), The Egyptian (20th-Fox) 3rd week. Pittsburgh: The Egyptian (20th-Fox), On the Waterfront (Col.), Rear Window (Par.). Portland: The Egyptian (20th-Fox) 2nd week, Living It Up (Par.) 2nd week, On the Waterfront (Col.). Providence: Dragnet (W.B.) 2nd week, The Egyptian (20th-Fox) 2nd week, Seven Brides for Seven Brothers (MGM) 2nd week. San Francisco: Dragnet (W.B.) 3rd week, The Egyptian (20th-Fox) 4th week, Her Twelve Men (MGM), Human Desire (Col.), Rear Window (Par.). Toronto: Companions of the Night (Card.) 3rd week, Doctor in the House (JARO) 4th week, The Egyptian (20thFox), Magnificent Obsession (U-I) 5th week, On the Waterfront (Col.) 3rd week, Sabrina (Par.) 4th week, Seven Brides for Seven Brothers (MGM) 4th week. Vancouver: Demetrius and the Gladiators (20th-Fox) , Magnificent Obsession (U-I), Rear Window (Par.). Washington: The Caine Mutiny (Col.) 11th week, Dragnet (W.B.) 3rd week, The Egyptian (20th-Fox), On the Waterfront (Col.), Rear Window (Par.) 3rd week, Vanishing Prairie (Buena Vista) 4th week. United Detroit and SSMPP Settle Out-of-Court The anti-trust suit brought by the Society of Independent Motion Picture Producers against United Detroit Theatres in 1948 has been settled out of court and the parties have agreed to the discontinuance and dismissal of the action. The complaint had alleged a combination and conspiracy between UDT and Cooperative Theatres of Michigan in restraint of the licensing, supply and exhibition of pictures in the Detroit area. The allegations were denied by each of the defendants. In a joint statement, the parties stated: “It is the view of the Society of Independent Motion Picture Producers and United Detroit Theatres Corp. that it is vital to the success of production, distribution and exhibition of motion pictures that a free and open competitive market be maintained in the distribution and exhibiton of motion pictures and that there be no artificial restrictions on the distribution or exhibition of motion pictures. The parties to the litigation are in complete agreement. MOTION PICTURE HERALD, OCTOBER 2, 1954 23