Mutual Film Corporation v. Industrial Commission of Ohio
Encyclopedia
Mutual Film Corporation v. Industrial Commission of Ohio, 236 U.S. 230
(1915), was a court case decided by the United States Supreme Court
in 1915, in which, in a 9-0 vote, the Court ruled that the free speech protection of the Ohio Constitution
— which was substantially similar to the First Amendment of the United States Constitution — did not extend to motion pictures.
The state government of Ohio
had passed a statute in 1913 forming a board of censors
which had the duty of reviewing and approving all films intended to be exhibited in the state. The board charged a fee for the approval service. The board could order the arrest of anyone showing an unapproved film in the state.
The Court stated:
The Court described movies in some technical detail and noted their popularity, but wrote "they may be used for evil," and for this reason, "We cannot regard [the censorship of movies] as beyond the power of government." The Court added it would be equally unreasonable to grant free speech protection to the theater or the circus, and noted that in many prior cases regarding government licensure of theatrical performances, the issue of freedom of opinion had not been raised.
The plaintiff was Mutual Film Corporation, a movie distributor. Mutual had also argued that in addition to the violation of its freedom of speech, the censorship board was interfering with interstate commerce in violation of the Dormant Commerce Clause
; and that the government had illegally delegated legislative authority to a censor board. These arguments were dismissed by the Court more perfunctorily.
, popularly known as the "Miracle Decision" since it referred to the short film "The Miracle", part of the anthology film
L'Amore
(1948), directed by Roberto Rossellini
. The Production Code was loosened in the 1950s and 1960s, and eventually abandoned in favor of the movie rating system in 1968.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1915), was a court case decided by the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in 1915, in which, in a 9-0 vote, the Court ruled that the free speech protection of the Ohio Constitution
Ohio Constitution
The Ohio Constitution is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had two constitutions since statehood was granted....
— which was substantially similar to the First Amendment of the United States Constitution — did not extend to motion pictures.
The state government of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
had passed a statute in 1913 forming a board of censors
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
which had the duty of reviewing and approving all films intended to be exhibited in the state. The board charged a fee for the approval service. The board could order the arrest of anyone showing an unapproved film in the state.
The Court stated:
The Court described movies in some technical detail and noted their popularity, but wrote "they may be used for evil," and for this reason, "We cannot regard [the censorship of movies] as beyond the power of government." The Court added it would be equally unreasonable to grant free speech protection to the theater or the circus, and noted that in many prior cases regarding government licensure of theatrical performances, the issue of freedom of opinion had not been raised.
The plaintiff was Mutual Film Corporation, a movie distributor. Mutual had also argued that in addition to the violation of its freedom of speech, the censorship board was interfering with interstate commerce in violation of the Dormant Commerce Clause
Dormant Commerce Clause
The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution...
; and that the government had illegally delegated legislative authority to a censor board. These arguments were dismissed by the Court more perfunctorily.
Overturned
The decision that motion pictures were merely a business and not an art form meriting First Amendment protection drove increased regulation of movie content, culminating in the enforcement in July 1934 of the Production Code over all Hollywood films. The Production Code was not law, but an agreement between studios and theaters to self-censor, in part to preempt the patchwork of local censorship laws that existed around the country. In May 1952, the Supreme Court overruled its Mutual decision in Joseph Burstyn, Inc v. WilsonJoseph Burstyn, Inc v. Wilson
Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 , was a landmark decision by the United States Supreme Court which largely marked the decline of motion picture censorship in the United States...
, popularly known as the "Miracle Decision" since it referred to the short film "The Miracle", part of the anthology film
Anthology film
An anthology film is a feature film consisting of several different short films, often tied together by only a single theme, premise, or brief interlocking event . Sometimes each one is directed by a different director...
L'Amore
L'Amore (film)
L'Amore is an anthology film directed by Roberto Rossellini starring Anna Magnani and Federico Fellini. The two segments are "Il Miracolo" and "Una Voce Umana", the latter based on the play The Human Voice by Jean Cocteau...
(1948), directed by Roberto Rossellini
Roberto Rossellini
Roberto Rossellini was an Italian film director and screenwriter. Rossellini was one of the directors of the Italian neorealist cinema, contributing films such as Roma città aperta to the movement.-Early life:Born in Rome, Roberto Rossellini lived on the Via Ludovisi, where Benito Mussolini had...
. The Production Code was loosened in the 1950s and 1960s, and eventually abandoned in favor of the movie rating system in 1968.