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SUPERIOR FILMS v. DEPT. OF EDUCATION.

No. 217.

346 U.S. 587 (1954)

SUPERIOR FILMS, INC. v. DEPARTMENT OF EDUCATION OF OHIO, DIVISION OF FILM CENSORSHIP, HISSONG, SUPERINTENDENT.

Supreme Court of United States.

Decided January 18, 1954.

Attorney(s) appearing for the Case

John C. Harlor argued the cause for appellant in No. 217. With him on the brief were F. J. Wright and Michael Gesas. Earl F. Morris was also of counsel.

Florence Perlow Shientag argued the cause for appellant in No. 274. With her on the brief was Philip J. O'Brien, Jr.

C. William O'Neill, Attorney General of Ohio, argued the cause for appellee in No. 217. With him on the brief were Robert E. Leach, Chief Counsel, and Gwynne B. Myers, Assistant Attorney General.

Charles A. Brind, Jr. argued the cause for appellees in No. 274. With him on the brief were Nathaniel L. Goldstein, Attorney General of New York, Wendell P. Brown, Solicitor General, and Ruth Kessler Toch, Assistant Attorney General.

Briefs of amici curiae supporting appellant in No. 217 were filed by Sidney A. Schreiber and Philip J. O'Brien, Jr. for the Motion Picture Association of America, Inc. et al.; and by Morris L. Ernst for the National Council on Freedom from Censorship, a Committee of the American Civil Liberties Union.

PER CURIAM.

The judgments are reversed. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495.

MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BLACK agrees, concurring.

The argument of Ohio and New York that the government may establish censorship over moving pictures is one I cannot accept. In 1925 Minnesota passed a law aimed at suppressing before publication any "malicious, scandalous and defamatory newspaper." The...

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