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WILSON
343 U.S. 495 / May 26, 1952 / Clark, J. / ADMIN Judicial Determination of Sufficiency
of Standards -> What is Sacrilegious? / ECSCALA
PETITIONERS
RESPONDENTS
In the 1950s, New York had a law mandating that films had to be
licensed by the state to be publicly shown. The law read, "The director
of the [motion picture] division [of the education department] or, when
authorized by the regents, the officers of a local office or bureau shall
cause to be promptly examined every motion picture film submitted to
them as herein required, and unless such film or a part thereof is
obscene, indecent, immoral, inhuman, sacrilegious, or is of such a
character that its exhibition would tend to corrupt morals or incite to
crime, shall issue a license therefore. If such director or, when so
authorized, such officer shall not license any film submitted, he shall
furnish to the applicant therefor a written report of the reasons for his
refusal and a description of each rejected part of a film not rejected in
toto."
A hearing was held where Burstyn was ordered to show cause on why
the movies license to show shouldnt be rescinded. Burstyn questioned
the jurisdiction of the NY State Board of Regents.
After watching the film, the Board concluded that the movie was
indeed sacrilegious and thus, should no longer be shown in public
theaters.
1 The film was directed by neorealist Roberto Rossellini. Its plot centered around a man, "Saint
Joseph" (played by directorFederico Fellini), who villainously impregnates "Nanni" (Anna
Magnani), a disturbed peasant who believes herself to be the Virgin Mary.
Burstyn argued that the state law violates the First and
Fourteenth Amendments to the Constitution.
Gitlow v. New York: Liberty of speech and of the press w/c the First
Amendment guarantees against abridgment by the federal
government is within the liberty safeguarded by the Due Process
Clause of the Fourteenth Amendment from invasion by state action.
The whole statute wasnt struck down since the term "sacrilegious"
was the sole standard under attack in the case.