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MATTER OF KINGSLEY CORP. v. REGENTS

4 N.Y.2d 349 (1958)

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

Court of Appeals of the State of New York.

Decided May 15, 1958.

Attorney(s) appearing for the Case

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for appellants.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Paxton Blair of counsel), for appellants.

Ephraim S. London and Stephen A. Wise for respondent.

Judges FROESSEL and BURKE concur with Chief Judge CONWAY; Judge DESMOND concurs in result in a separate opinion; Judges DYE and FULD dissent and vote to affirm, each in a separate opinion in which the other concurs and in both of which dissenting opinions Judge VAN VOORHIS concurs in part in a separate dissenting opinion for remission of the matter to the Board of Regents.

Chief Judge CONWAY.

This case presents us again with the question of the constitutionality of our motion picture licensing law. Undoubtedly this is often a question of the greatest delicacy. But as we ponder this particular case and what is involved here, we perceive no necessity for apprehension as to the justice or constitutionality of the Board of Regents' determination to deny a license to this film, "Lady...

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