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MATTER OF CAPITOL ENTERS., INC. v. BD. OF REGENTS OF THE UNIV. OF THE STATE OF NEW YORK

1 A.D.2d 990 (1956)

In the Matter of Capitol Enterprises, Inc., Appellant, v. Board of Regents of the University of the State of New York, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 5, 1956

One sequence, to which the licensing division objected, portrays under restrained and controlled conditions, a human birth. The sequence is a biological demonstration, scientific in level and tone. Section 122 of the Education Law requires the division to license a film unless it is "obscene, indecent, immoral, inhuman, sacrilegious". The license was refused here on the ground this sequence, which constitutes a small part of a long...

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