1l

: June
On 'Freedom of the Screen'
// You Want a Court Test,
Binford Says 'Go Ahead
NEW YORK—The problem of film censorship
may reach the supreme coui-t sooner
than expected. The comment by Supreme
Court Justice Douglas in the industry antitrust
suit decision that films are entitled
to the same freedom as newspapers and
radio under the First Amendment has raised
the possibility that the high court may uphold
freedom of the screen in a court test.
If so, it would be reversing the 1915 supreme
court decision that films are not entitled
to protection under the First Amendment.
What may be the industry test case was
brought last October in Memphis, censorship
sore spot, by United Artists and Hal Roach
Studios against the local censor board ban
on "Cui-ley." Tlie case is expected to come
to trial next fall. UA and Roach have made
it clear they are determined to fight the
case to the U.S. supreme court if necessary.
The MPAA may file an amicus curiae brief
and give UA and Roach support in court.
CENSORS STICK TO DECISION
If the film industry wants to fight the
principle clear to the country's highest coui-t,
the Memphis censorship board is going to
give it every opportunity.
Lloyd T. Binford, the top censor who ruled
against "Ciu'ley," this week said he has no
intention of withdrawing the action. In other
words, he intimated that he was going to
give the film industry the opportunity to
fight him all along the line. It is apparent
that he would enjoy taking the matter to the
high court.
Justice Douglas' comment read as follows:
"We have no doubt that moving pictures, like
newspapers and radio, are included in the
press whose freedom is guaranteed by the
First Amendment."
Film men have contended this for years
in fighting censorship of newsreels. Lower
courts have seldom backed the industry. In
September 1946 the supreme court of Georgia
overruled a lower court order reversing the
Atlanta censor board ban on "Scarlet Street."
In the Atlanta case the question of the
validity of censorship was not involved, but
in the Memphis suit Roach and UA specifically
ask the court to rule that films may enjoy
freedom of speech under the Constitution.
OBJECTED TO KACIAL SCENES
The "Curley" suit was filed in Tennessee
chancery court after the Memphis censor
banned the picture because it contained
scenes of white and Negro children playing
together. UA and Roach secured a writ of
certiorari against Binford and the censor
board, thereby bringing the ban before the
court for review.
In their petition the plaintiffs asked that
the court decree that the motion picture enjoys
the protection of the Constitution of the
U.S. in freedom of speech. They also asked
the court to quash the censors' ban, review
the action of the censor board and enjoin
the censor board from interfering with the
showing of "Gurley" in Memphis and Shelby
county theatres.
Deier Annual Meeting
Of RKO Stockholders
New York — The annual meeting of
RKO stockholders, originally set for June
2, has been postponed. A new date will
be set when Howard Hughes, controlling
stockholder, submits data on his nominees
to the board of directors.
Proxy statements will be sent out in
advance of the stockholders meeting.
Enterprise in Negotiations
For French Color Process
HOLLYWOOD—Enterprise claims it has
the inside track on securing U.S. rights to
the widely touted new French color process
as unveiled in Paris recently by Armand
Roux, co-inventor with his brother Lucien
of Rouxcolor.
Spokesmen for Enterprise here contend
the company's European representatives
have been dickering with the Roux brothers
for several weeks in an effort to secure rights
to the new process for a forthcoming Wolfgang
Reinhardt production.
Reports from French film circles indicate
the Roux invention is acciu-ate and realistic
and, because It employs standard camera,
processing and projection equipment, costs
no more to use than present black-and-white
equipment.
Admission Taxes for April
Drop Below 1947 Amount
WASHINGTON — April admissions taxes,
reflecting March boxoffice business, dropped
below the April 1947 figures, the Bureau of
Internal Revenue said. The April collections
this year were $31,146,236, compared with
$33,412,813 a year ago.
The March 1948 collections exceeded the
1947 total, but February figures this year
were below those for the same month last
year. Thus, business was poorer this year
than last year in two of the first three
months.
The figures for general admissions include
sporting events and the like, as well as motion
picture figures.
20th-Fox to Seek Permit
For K. C. Tele Station
NEW YORK—Twentieth Century-Fox will
apply to the Federal Commimlcations commission
for a television station construction permit
in Kansas City, Mo. This will be the
second application by the company. The first
was filed for San Francisco. The company is
considering filing a third application for a
Seattle station.
The Kansas City station would be operated
by a new firm, 20th Century-Pox of Missouri,
Inc.
Triple Damages Soughl
By Maryland Theatre
WASHINGTON — Centreville
Amusement
Corp., operating the Center Theatre, Centreville,
Md., has filed a $150,000 treble damage
antitrust suit in U.S. district court against
Columbia, 20th-Fox, Paramount and RKO
and Charles Wingfield, Columbia salesman,
and F. B. Klien, 20th-Fox salesman. Wingfield
and Klien operate the Church Hill Theatre,
Church Hill, Md., and the Chester Theatre,
Chestertown.
Centreville charges the defendants with
monopoly and discrimination in clearance,
percentage and playing time. It claims the
distributor defendants have conspired to deprive
the Center Theatre of first run product
in favor of the houses operated by Wingfield
and Klien.
Columbia, Paramount and 20th-Pox grant
the Center Theatre third run availability.
Queenstown, Md., is granted second rim.
RKO has invited the Center to bid for first
run against the defendants' theatres.
Isseks, Meyers and Verdon is the New York
law firm representing the plaintiff. Robert
Sher of Miller, Sher and Oppenheimer
represents the plaintiff in Washington.
J. D. Fernicola, owner of the Center, purchased
the house a year ago. His attorneys
said he spent about $50,000 to remodel the
house.
Jack Stewart Quits Post
With Kas.-Mo. Allied
KANSAS CITY—Jack Stewart resigned
June 1 as general manager of Allied Independent
Theatre Owners of Kansas and Missouri.
No reason for the move was given in
a bulletin by O. F. Sullivan of Wichita, president
of the organization. Stewart has not
announced his future plans.
Sullivan said that a new manager would
be procured within 30 days and that the
Caravan and other functions of the Allied
office would continue uninterrupted. Dorothy
Murphy will remain as office manager.
An Allied buying and booking service, outlined
and approved at the first annual spring
convention here last month, is being set up.
Fred Harpst, buyer and booker for four local
neighborhoods, has been hired in that capacity
for the Allied service.
Stewart took over February 15 as the unit's
first general manager. He came here from
Detroit, where he had served as general manager
for Allied Theatres of Michigan.
Dame May Whitty Services
Conducted in Hollywood
HOLLYWOOD—Services followed by cremation
were held for Dame May Whitty, 82,
veteran stage and screen actress, who died
May 29 after a short illness. Her only survivor
is a daughter, Margaret Webster, Broadway
producer-director-actress.
Dame May began her theatrical career in
England in 1881 and appeared in her fii'st
motion picture in 1914. Her last film appearance
was in Columbia's "The Sign of the
Ram." Other leading productions in which
she played included "Night Must Fall,'
"Madame Curie," "The White Cliffs," "Gaslight,"
"Devotion" and "Crash Dive."
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20 BOXOFFICE
:
5, 1948