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R. K. O. v. DEPT. OF EDN.

Nos. 33931, 33932 and 33981.

162 Ohio St. 263 (1954)

R. K. O. RADIO PICTURES, INC., v. DEPARTMENT OF EDUCATION OF THE STATE OF OHIO, DIVISION OF FILM CENSORSHIP. CAPITOL ENTERPRISES, INC., v. DEPARTMENT OF EDUCATION OF THE STATE OF OHIO, DIVISION OF FILM CENSORSHIP. R. K. O. RADIO PICTURES, INC., v. DEPARTMENT OF EDUCATION OF THE STATE OF OHIO, DIVISION OF FILM CENSORSHIP.

Supreme Court of Ohio.

Decided December 1, 1954.

Attorney(s) appearing for the Case

Messrs. Wright, Harlor, Purpus, Morris & Arnold, for plaintiff in cases No. 33931 and 33981.

Messrs. Walter & Haverfield and Mr. Loyal V. Buescher, for plaintiff in case No. 33932.

Mr. C. William O'Neill, attorney general, Mr. Robert E. Leach and Mr. Gwynne B. Myers, for defendant.

LAMNECK, J.

Under Section 3305.04, Revised Code (Section 154-47b, General Code, and former analogous Section 871-49, General Code), "only such films as are, in the judgment and discretion of the Department of Education, of a moral, educational, or amusing and harmless character shall be passed and approved by such department."

It is stressed by the plaintiffs that this section violates specifically the First Amendment to the Constitution of the United...

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