Trans-Lux Distributing Corp. v. Board of Regents of University of State of N. Y.
| Decision Date | 22 April 1965 |
| Docket Number | TRANS-LUX |
| Citation | 260 N.Y.S.2d 648,208 N.E.2d 456,16 N.Y.2d 536 |
| Parties | , 208 N.E.2d 456 Application ofDISTRIBUTING CORP., Respondent, for an order, etc. v. The BOARD OF REGENTS OF the UNIVERSITY OF the STATE OF NEW YORK, Appallant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 19 A.D.2d 937, 244 N.Y.S.2d 333.
Petitioner brought an Article 78 proceeding to annul determination of the Board of Regents of the University of the State of New York refusing a license for the exhibition in the State of a moving picture film 'A Stranger Knocks' and to compel the Board of Regents to issue a license.
The Supreme Court, Special Term, Albany County, transferred the proceeding to the Appellate Division.
The Appellate Division annulled the determination of the Board of Regents and remitted the matter with direction to license the film. Herlihy, J., dissented.
The Court of Appeals, 14 N.Y.2d 88, 248 N.Y.S.2d 857, 198 N.E.2d 242, reversed the order, reinstated the determination of the Board of Regents, and held that scenes portraying sexual relations were obscene within the Education Law. Dye, Fule and Van Voorhis, JJ., dissented.
The Court of Appeals, 14 N.Y.2d 722, 250 N.Y.S.2d 67, 199 N.E.2d 165, granted motion to amend the remittitur.
The United States Supreme Court, 380 U.S. 259, 85 S.Ct. 952, 13 L.Ed.2d 959, reversed the judgment of the Court of Appeals.
Motion was made in the Court of Appeals for an order staying the petitioner and all persons owning, operating, or maintaining certain specified thereaters proposing to exhibit the film, and their agents, employees, and other persons, from exhibiting the film unless and until a license for such exhibition was granted under Section 122 of the Education Law, Consol.Laws, c. 16.
Motion denied.
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Cambist Films, Inc. v. Board of Regents of University of State of N.Y.
...invalid the underlying requirement of prior submission to censorship. (See also, Matter of Trans-Lux Distributing Corp. v. Board of Regents, 16 N.Y.2d 536, 260 N.Y.S.2d 648, 208 N.E.2d 456 [April 22, 1965] in which the Court of Appeals denied a motion by the Board of Regents to stay the sho......
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