Kingsley Intern. Pictures Corp. v. Regents of University of N.Y.

• Court: New York Supreme Court Appellate Division
• Writing for the Court: COON
• Citation: 165 N.Y.S.2d 681,4 A.D.2d 348
• Decision Date: 24 July 1957
• Parties: Application of KINGSLEY INTERNATIONAL PICTURES CORPORATION, Petitioner, For an Order Pursuant to Article 78 of the Civil Practice Act, v. The REGENTS OF The UNIVERSITY of The State OF NEW YORK, Respondent.

Page 681

165 N.Y.S.2d 681 4 A.D.2d 348 Application of KINGSLEY INTERNATIONAL PICTURES CORPORATION,
Petitioner, For an Order Pursuant to Article 78 of
the Civil Practice Act,
v.
The REGENTS OF The UNIVERSITY of The State OF NEW YORK, Respondent. Supreme Court, Appellate Division, Third Department. July 24, 1957.

Page 682

London, Simpson & London, New York City (Ephraim S. London and Sherman P. Kimball, New York City, of counsel), for petitioner.

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

[4 A.D.2d 349] Charles J. Tobin, Jr., Albany, Porter R. Chandler and John B. Coleman, Jr., New York City, for New York State Catholic Welfare Committee, amicus curiae.

Charles Ballon, Nanette Dembitz, and Jacob M. Usadi, New York City, Attorneys for New York Civil Liberties Union, amicus curiae.

Before FOSTER, P. J., and BERGAN, COON, HALPERN and GIBSON, JJ.,

COON, Justice.

The motion picture under review is 'Lady Chatterley's Lover', an adaptation of the novel of the same name by D. H. Lawrence. The motion picture division of the State Education Department denied a license unless three sequences which were regarded as 'immoral' were deleted. In appeal by petitioner the Regents not only upheld the original licensing authorities, but determined that the entire picture was immoral under section 122 of the Education Law as modified by section 122-a (L.1954, ch. 620), largely upon the ground that the picture presents 'adultery as a desirable, acceptable and proper pattern of behavior.' This criterion comes from the language of section 122-a, obviously adopted in an attempt to add definiteness and clarity to the words used in section 122, and with the intended purpose of overcoming the United States Supreme Court decisions which held, in effect, that the terms 'immoral' and 'tend to corrupt morals,' as used in section 122, were too vague to meet constitutional requirements. Joseph Burstyn, Inc., v. Wilson, 343 U.S. 495, 72 S.Ct. 777, 96 L.Ed. 1098; Superior Films, Inc., v. Department of Education of State of Ohio (Commercial Pictures Corp. v. Regents of University of State of New York), 346 U.S. 587, 74 S.Ct. 286, 98 L.Ed. 329.

The Legislature, in enacting section 122-a, has demonstrated a legislative intent to continue prior restraint in New York State, and has attempted to supply the necessary definiteness to the terms 'immoral' and 'of such a character that its exhibition would tend to...