In the Matter of Joseph Burstyn, Inc., Appellant,
v.
Lewis A. Wilson, as Commissioner of Education of The State of New York, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 1, 1951.
Decided October 18, 1951
Attorney(s) appearing for the Case
Ephraim S. London, Clendon H. Lee, Leonard P. Simpson and Seymour M. Burg for appellant.
Newell G. Alford, Jr., Osmond K. Fraenkel, Herbert Monte Levy and Robert Markewich for New York City Civil Liberties Committee and another, amici curiæ, in support of appellant's position.
Herman Seid for Metropolitan Committee for Religious Liberty, amicus curiæ, in support of appellant's position.
Emanuel Redfield for New York Chapter, Artists Equity Association, amicus curiæ, in support of appellant's position.
Will Maslow, Leo Pfeffer, Joseph B. Robison and Philip Baum for American Jewish Congress, amicus curiæ, in support of appellant's position.
Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondents.
Patrick C. Dugan, Charles J. Tobin, Edmond B. Butler, Porter R. Chandler and George A. Timone for New York State Catholic Welfare Committee, amicus curiæ, in support of respondents' position.
LOUGHRAN, Ch. J., LEWIS and CONWAY, JJ., concur with FROESSEL, J.; DESMOND, J., concurs in separate opinion; FULD, J., dissents in opinion in which DYE, J., concurs.
Court of Appeals of the State of New York.
FROESSEL, J.
A license for the exhibition of a motion picture film entitled "The Miracle" together with two other films, described in their combination as a trilogy and called "Ways of Love", was issued to petitioner on November 30, 1950, by the Motion Picture Division of the Department of Education of the State of New York, under the governing statute (Education Law, art. 3, part II). "The Miracle" was produced...
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