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MTR. OF COMMERCIAL PICTURES CORP. v. BD. OF REGENTS

305 N.Y. 336 (1953)

In the Matter of Commercial Pictures Corporation, Appellant, v. Board of Regents of the University of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided May 28, 1953

Attorney(s) appearing for the Case

Florence Perlow Shientag for appellant.

Sidney Freidberg and Beate Bloch for Hygienic Productions, Inc., amicus curiæ, in support of appellant's position.

Charles A. Brind, Jr., Counsel (John P. Jehu, Elizabeth M. Eastman and George B. Farrington of counsel), for respondent.

LEWIS, J., concurs with FROESSEL, J.; DESMOND, J., votes for affirmance in a separate opinion; CONWAY, J., in a memorandum, concurs in the opinions of FROESSEL and DESMOND, JJ.; DYE, J., dissents in an opinion in which FULD, J., concurs and votes for reversal in a separate opinion; LOUGHRAN, Ch. J., deceased.

FROESSEL, J.

The Motion Picture Division of the State Education Department and the Regents of the University of the State of New York have determined that the motion picture "La Ronde" (revised), produced in France, is not entitled to be licensed for public exhibition, upon the ground that it is "immoral" and "would tend to corrupt morals" within the meaning of section 122 of the Education Law of this State. The...

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