Mutual Film Corp. v. Industrial Commission of Ohio

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Mutual Film Corporation v. Industrial Commission of Ohio
U.S. LEXIS
1755
Holding
The free speech protection of the Ohio Constitution did not extend to motion pictures.
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Charles E. Hughes
Willis Van Devanter · Joseph R. Lamar
Mahlon Pitney · James C. McReynolds
Case opinion
MajorityMcKenna, joined by unanimous
Overruled by
Joseph Burstyn, Inc. v. Wilson (1952)

Mutual Film Corporation v. Industrial Commission of Ohio, 236 U.S. 230 (1915), was a

motion pictures.[1]

Background

The state government of Ohio had passed a statute in 1913 forming a board of censors which had the duty of reviewing and approving all films intended to be exhibited in the state. Like other state and municipal governments, Ohio charged a licensing fee to distributors.[2] The board could order the arrest of anyone showing an unapproved film in the state.[citation needed]

The plaintiff,

interstate commerce in violation of the Dormant Commerce Clause[2]
and that the government had illegally delegated legislative authority to a censor board. Those arguments were dismissed by the Court perfunctorily.

Decision

Justice McKenna
, writing for the Court stated:

... the exhibition of moving pictures is a business, pure and simple, originated and conducted for profit ... not to be regarded, nor intended to be regarded by the Ohio Constitution, we think, as part of the press of the country, or as organs of public opinion.[2]

The Court described movies in some technical detail and noted their popularity but wrote that as "they may be used for evil, ... We cannot regard [the censorship of movies] as beyond the power of government." The Court added that it would be equally unreasonable to grant free speech protection to the theater or the circus and noted that in many prior cases regarding government licensure of theatrical performances, the issue of freedom of opinion had not been raised.

Overturned

The decision that motion pictures did not merit First Amendment protection drove an increase in regulation of film content, which culminated in the enforcement in July 1934 of the

Joseph Burstyn, Inc v. Wilson, popularly known as the "Miracle Decision" since it referred to the short film The Miracle, part of the anthology film L'Amore (1948), directed by Roberto Rossellini
.

The Production Code was loosened in the 1950s and 1960s and was eventually abandoned, in favor of the

MPAA film rating system
in 1968.

See also

References

Further reading

External links