GELLING
v.
TEXAS

U.S. | 1952-06-02
No. 707
343 U.S. 960 Supreme Court of the United States (1952) Positive Treatment
Cited by 22 cases
Per_curiam
Per Curiam:

Per Curiam:

The judgment is reversed. See Joseph Burstyn, Inc. v. Wilson, 343 U. S. 495, and Winters v. New York, 333 U. S. 507.
Concurrence
Mr. Justice Frankfurter,

Mr. Justice Frankfurter,

concurring in the judgment of reversal.

The appellant here was convicted under an ordinance of the city of Marshall, Texas, for exhibiting a picture after being denied a license by the local Board of Censors, and the conviction was affirmed by the Court of Criminal Appeals of Texas. The ordinance authorizes a local Board of Censors to deny a license for the showing of a motion picture, which the Board is “of the opinion” is “of such character as to be prejudicial to the best interests of the people of said City,” and makes the showing of a picture without a license a misdemeanor. This ordinance offends the Due Process Clause of the Fourteenth Amendment on the score of indefiniteness. See my concurring opinion in Joseph Burstyn, Inc. v. Wilson, 343 U. S. 495, 507; and Winters v. Wilson, 333 U. S. 507.

Concurrence
Mr. Justice Douglas,

Mr. Justice Douglas,

concurring.

The appellant was convicted under an ordinance of the city of Marshall, Texas, for exhibiting a picture after being denied permission to do so by the local Board of Censors. The conviction was affirmed by the Court of Criminal Appeals of Texas. The ordinance authorizes a local Board of Censors to deny permission for the showing of a motion picture, which in the opinion of the Board is “of such character as to be prejudicial to the best interests of the people of said City,” and it makes tbe showing of a picture after refusal of permission a misdemeanor. The evil of prior restraint, condemned by Near v. Minnesota, 283 U. S. 697, in the case of newspapers and by Joseph Burstyn, Inc. v. Wilson, 343 U. S. 495, in the case of motion pictures, is present here in flagrant form. If a board of censors can tell the American people what it is in their best interests to see or to read or to hear (cf. Public Utilities Comm’n v. Pollak, 343 U. S. 451), then thought is regimented, authority substituted for liberty, and the great purpose of the First Amendment to keep uncontrolled the freedom of expression defeated.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Miller v. California, 413 U.S. 15 (U.S. 1973)
    …. 147, 167; Kingsley Pictures Corp. v. Regents, 360 U. S. 684, 697; Roth v. United States, 354 U. S. 476, 508; Kings-ley Books, Inc. v. Brown, 354 U. S. 436, 446; Superior Films, Inc. v. Department of Education, 346 U. S. 587, 588; Gelling v. Texas, 343 U. S. 960. The Commission on Obscenity and Pornography has advocated such a procedure: “The Commission recommends the enactment, in all jurisdictions which enact or retain provisions prohibiting the dissemination of sexual materials to adults or young perso…
  • Shelton v. Tucker, 364 U.S. 479 (U.S. 1960)
    …. 147 (the Irvington ordinance); Largent v. Texas, 318 U. S. 418; Jones v. Opelika, 319 U. S. 103, vacating 316 U. S. 584 (the Opelika ordinance); Niemotko v. Maryland, 340 U. S. 268; Joseph Burstyn, Inc., v. Wilson, 343 U. S. 495; Gelling v. Texas, 343 U. S. 960; Superior Films, Inc., v. Department of Education, 346 U. S. 587; Staub v. Baxley, 355 U. S. 313; cf. Marsh v. Alabama, 326 U. S. 501; Tucker v. Texas, 326 U. S. 517. The common-law count in the Cantwell case involved considerations similar to those…
  • Parker v. Levy, 417 U.S. 733 (U.S. 1974)
    …forces’ and against ‘all conduct of a nature to bring discredit upon the armed forces.’” Wiener, supra, n. 2, at 363. Giaccio v. Pennsylvania, 382 U. S. 399. Coates v. Cincinnati, 402 U. S. 611. Giaccio v. Pennsylvania, supra. Gelling v. Texas, 343 U. S. 960. Other federal courts have similarly held unconstitutional statutes containing language such as “reflect[s] discredit,” Flynn v. Giarrusso, 321 F, Supp. 1295 (ED La.); “offensive,” Pritikin v. Thurman, 311 F. Supp. 1400 (SD Fla.) ; and "immoral” or…
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