Join NCAC Now

» art» media» literature» science» internet» education» entertainment

EXPRESS YOURSELF!

 in support of free expression



NCAC File Room


The information presented here by the National Coalition Against Censorship (NCAC) may be freely redistributed in its entirety, provided that readers are informed that the information was obtained from NCAC's World Wide Web site and that credit is given to the appropriate source of whatever information is used. Permission is expressly granted for the information obtained to be made available for file transfer from installations offering unrestricted anonymous file transfer on the Internet. Information found here may not be sold for profit or incorporated in commercial documents without the written permission from the National Coalition Against Censorship.

©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design

free speech first amendment censorship

  
CASE NAME: Interstate Circuit, Inc. v. Dallas
CITATION: 390 U.S. 676 (1968)
Topics: Obscenity; Film; Harmful to Minors

Interstate Circuit, a distributor of motion pictures, was prohibited by the city of Dallas from distributing a film entitled "Viva Maria". Pursuant to a 1965 city ordinance, the Motion Picture Classification Board of the City of Dallas classified the film as "not suitable for young persons" because it contained objectionable instances of "sexual promiscuity". On appeal to the Supreme Court of the United States, Interstate challenged the determination of both the county court and the appeals court of Texas that the classification of the Motion Picture Classification Board should stand.

The Supreme Court concluded that the standards set forth in the ordinance were unconstitutionally vague and the ordinance was therefore unenforceable. The Court reasoned that the First Amendment protects motion pictures and to ban them based on the portrayal of undefined “sexual promiscuity" would leave too much discretion to the Motion Picture Classification Board. The Court explained that even though a city has the right to regulate the dissemination of objectionable materials to young persons, it must provide narrowly drawn, reasonable and definitive standards for officials to follow.

These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send to ncac@ncac.org.

 

 

 

 

 

 

Action Alerts

» National

» Eastern

» Central

» Mountain

» Pacific


» email alert sign-up


» report censorship!

 

275 Seventh Avenue, New York, NY 10001 » Phone (212) 807-6222 Fax (212) 807-6245 » ncac@ncac.org