Legal Opinion

Joseph Burstyn, Inc. v. Wilson

Appellate Division of the Supreme Court of the State of New York

Decided May 9, 1951PublishedCited by 6 opinions

1Opinion of the CourtFoster, P. J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the Board of Regents of the University of the State of New York which rescinded licenses for the public exhibition of a motion picture film, entitled “ The Miracle ”, on the ground it is sacrilegious.

The picture, produced in Italy, depicts a demented peasant girl tending a herd of goats on a mountainside. A bearded stranger appears, garbed in a dress reminiscent of biblical times. She imagines him to be St. Joseph, and that he has come to take her to heaven. While she babbles about this he says…

2Cases cited5 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Mutual Film Corp. v. Industrial Commission of OhioSupreme Court of the United States · 1915
  3. Pathe Exchange, Inc. v. CobbAppellate Division of the Supreme Court of the State of New York · 1922
  4. Commonwealth v. KneelandMassachusetts Supreme Judicial Court · 1838
  5. Rd-Dr Corporation v. SmithCourt of Appeals for the Fifth Circuit · 1950

3Cited by6 opinions

  1. Joseph Burstyn, Inc. v. WilsonSupreme Court of the United States · 1952
  2. MATTER OF JOSEPH BURSTYN, INC. v. WilsonNew York Court of Appeals · 1951
  3. Joseph Burstyn, Inc. v. WilsonSupreme Court of the United States · 1952
  4. Joseph Burstyn, Inc. v. WilsonSupreme Court of the United States · 1952
  5. MATTER OF JOSEPH BURSTYN, INC. v. WilsonNew York Court of Appeals · 1951

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