Mutual Film Corp. v. Industrial Commission of Ohio
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. Appeal from an order denying appellant, herein designated complainant, an interlocutory injunction sought to restrain the enforcement of an act of the General Assembly of Ohio passed April 16,1913. (103 Ohio Laws, 399), creating'under the authority and superintendence of the Industrial Commission of the State a board of censors of motion picture films.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. Appeal from an order denying appellant, herein designated complainant, an interlocutory injunction sought to restrain the enforcement of an act of the General Assembly of Ohio passed April 16,1913. (103 Ohio Laws, 399), creating'under the authority and superintendence of the Industrial Commission of the State a board of censors of motion picture films. The motion was presented to three judges, upon the bill, supporting affidavits and some oral testimony. The bill is quite voluminous. It makes the following…
1Opinion of the CourtJustice McKenna
Complainant directs its argument to three propositions: (1) The statute in controversy imposes an unlawful burden on interstate commerce; (2) it violates the freedom of speech and publication guaranteed by § 11, art. 1, of the constitution of the State of Ohio; 1 and (3) it.attempts to delegate legislative power to censors and to other boards to determine whether the statute offends in the particulars designated.
It is necessary to consider only §§ 3, 4 and 5. Section 3 makes it the duty of thé board to examine and censor motion picture films to be publicly exhibited and displayed in the State…
2Cases cited7 opinions
- Buttfield v. StranahanSupreme Court of the United States · 1904
- Gundling v. ChicagoSupreme Court of the United States · 1900
- Waters-Pierce Oil Co. v. Texas (No. 1)Supreme Court of the United States · 1909
- President of the Monongahela Bridge Co. v. United StatesSupreme Court of the United States · 1910
- Red "C" Oil Manufacturing Co. v. Board of AgricultureSupreme Court of the United States · 1912
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3Cited by220 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Winters v. New YorkSupreme Court of the United States · 1948
- Phillips v. CommissionerSupreme Court of the United States · 1931
- Joseph Burstyn, Inc. v. WilsonSupreme Court of the United States · 1952
- Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985
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