William Goldman Theatres, Inc. v. Dana

Dissenting Opinion by

Mr. Justice Eagen :

I cannot agree legally or morally with the reasoning or conclusion of the majority opinion.

The sole question presented is narrow and well defined. It is not whether we, in fact, approve and support censorship, rather is it: Does the statute involved violate certain guarantees imposed by the Federal and Pennsylvania Constitutions? In my opinion, it does not.

The majority decision rules that the provisions of the statute constitute a “pre-censorship” and is, there*117fore, an unlawful restraint upon the exercise of an individual’s right to freely communicate…