Supreme Court Upholds Censorship Of Motion Pictures Before Public Showing
WASHINGTON (AP) - The
6uprme Court today upheld cn
lorship of motion pictures before
their public showing.
Justice Clark delivered the
court's 5-4 decision.
The tribunal acted on an appeal
ly Times Film Corp., distributors
01 a movie called "Don Juan.
The firm refused to submit the
picture to Chicaso's censors and
the city then refused a permit
(or its exhibition. j
In today's high court decision,
Chief Justice Warren and Justice
Douglas wrote dissenting opinions.
Also dissenting were Justices
Black and Brennan.
The majority was made up of
Clark and Justices Frankfurter,
Harlan, WhitUker and Stewart.
In the controlling opinion, Clark
(aid the challenge to the validity
of the Chicago ordinance present-1
td the tribunal with the "broad
justiciable issue, whether!
the ambit (bounds) of constitution
al protection includes complete,
and' absolute freedom to exhibit,'
at least once, any and every kind
of moticn picture."
Clark said the court was decid-
, Lrig that question alone.
Chief Justice Warren's dissent
ing opinion said the court major
ity "indiscriminately casts the
net of control too broadly." '
Warren said the court's deci
sion gives assent "to unlimited
censorship of moving pictures
through a licensing system, de
spite the fact that Chicago has
chosen this most objectionable
course to attain its goals without
any apparent attempt to devise
other means so as not to intrude
on the constitutionally protected
liberties ot speech and press.
In argument of the case last
October, lawyers for Times Film
contended tliat any prior censor
ship of movies violates the con
stitutional rights of free speech
and free press.
But counsel for Chicago said
prior censorship is necessary to
protect the public from obscenity
and other objectionable matter.
The answer to that problem, the
Times Film lawyers argued, is
not prior censorship but prosecu
tion for public showing of improp
er pictures.
The firm said It had no objec
tion to payment of city permit
fees, and had submitted to Chi
cago its required fee. But the city
refused a permit without first
seeing Don Juan.
Times Film asked the U.S. Dis
trict Court in Chicago to order the
city to issue a permit. The court
dismissed the request, stating that!
if the firm had submitted the film!
for prior examination the cityl The US. Circuit Court in Chi-ltion asainst the citv). v.e will belCourt. Tinw Film said th ntiPft.lThft firm't 1awvAr iniKted it u'jitlhnrtlr nr nWKran In thftft am.
censors might have approved it cago agreed with the District sanctioning the public exhibition "on 01 weiner' Don Juan Is or immaterial. They argued that a sorship before publication m
and there would be no need for Court, commenting that, "if we of we know not what."
legal action. ' Igrant the relief prayed (an iniunc-l Appealine to the Sumemei'lERALD AND NEWS, Klamath Falls, Ore.
lis not obscene was not an issue. Imovie has the same status as a unconstitutional.
Sunday, February 26, 1M1
PAOB
Is It 'Are Or Is It 'Is'?
Still Problem Survey Says
CHICAGO (AP) - "The gram
mar of the passenger department
is deplorably weak." asserted
Vice President C. E. Spens of the
Burlington Railroad, surveying a
entence for a 1926 institutional
advertisement.
It began: "For within this tre-
Friendly
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To Ivery
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Word's Klamath
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Mergucrite M. Werd
end Sent
923 High TU 2-4404
mendous area is produced: two
thirds the oats, more than hall
the corn, more than half the bar
ley, half the wheat . . .'
" 'Are produced' is the correct
form," declared Spens.
Not so, said P. S. Eustis, pas
senger traffic manager who had
submitted the layout. He quickly
produced a University of Chicago
opinion for is.
Probably got that from the foot
ball coach, retorted Spens, and
issued an SOS. "Are" is correct,
opined Northwestern University.
"Is" it is, said Harvard. "Are"
it is, said the Literary Digest.
And so, in 1926, the grammarian
battle was joined to the delight
of headline writers everywhere:
" 'Are' vs. ' 'Is' splits five col
leges, - dictionary and railroad
heads," headlined one newspaper.
"Is It 'Are' Or Are It Is'"?
I
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Bill McKlbbln and Clin Lttneur
asked another. And even: "Am he
want or would he came? How can
it was?"
In all, 22 schools and magazines
were queried. The result: 12 votes
for are, 6 for "is" 1 for either
and S abstentions.
Spens and Eustis and the Lit
erary Digest are dead but the con
troversy still is not settled.
The Chicago, Burlington k Quin-
cy Railroad recently came across
a booklet chronicling the word
puzzle and decided to resurvey.!
The results, released today: 14 for1
are' 1 tor "is" and 1 for
"either." Six didn't answer.
The Universities of Chicago,
Pennsylvania, Princeton, Harvard
and Temple switched their "is"
voles to "are." None reversed
from "are" to "is," but Boston
University maintained its earlier
'is" vote, declaring, "technical
ly speaking, any grammarian
would say 'is' is the correct
vote."
Eustis and Spens, the original
combatants, settled their argu
ment with a flip of the coin. It
turned up "is."
But Holy Cross in Worcester,
Mass., which in the resurvey
amended its original "are" to
"either," suggested another solu
tion: rewrite the sentence.
CHARGES CONCEALMENT
WASHINGTON (UPI) - Rep.
Frank Smith, D-Miss., charged
Sunday that President Kennedy's
job has been made more difficult
by former President Eisenhower's
concealment of ,lhe "deteriorat'
ing" world situation.
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