American Judge Rebukes Censors

Sun (Auckland), Volume III, Issue 822, 16 November 1929, Page 25

American Judge Rebukes Censors

Court Vindicates Mornlity of “Al ibi ’’

A Chieaco judfa- of the Supreme Court. H. Fischer, has -rautc<! a permanent injunction restraining the Chicago Board or Censors and the Police Department from interfering wit it the screening of --Alibi." the sensational crime film.

-I A' doing so he has given a oAYmW; testimonial 1,1 unique FrAWIKf 'aloe to a iilni that fXfflißlfftil '"used the ire of the 7- si'M .. — L - IMdice and censors. Moreover, he has offered a'Valuable < ado for the determination of motion picture morality. Replying to the citing of a court

decision whereby a city ordinance was passed prohibiting the showing of a picture deemed "immoral or obscene” or portraying "depravity, criminality or lack of virtue of any age. creed, colour or religion." Judge Fisher said: "The question isn’t whether a crime is portrayed; the question to be determined in passing upon the morality of the thing is whether the crime is portrayed in such a way that the actors arouse sympathy for themselves. and it might be emulated by others. “But where the crime is portrayed in such a way to arouse the feeling of an audience to create a sense of condemnation. it is not immoral in the sense of this audience.” POLICE VINDICATED To the police department’s charge that the picture showed the organisation in an unfavourable light. Judge Fisher remarked: "The police are vindicated in this particular picture. "As a matter of fact, if I were to criticise the picture at all it would be perhaps for its undue glorification of the police. The villainy is ultimately proven by the police . . . my reaction was that he (the police commissioner) ought to go out of his way to have it shown. "Censorship, in so far as it is permitted at all, is to guard against showing obscene or immoral subjects. Can it possibly be regarded as a power in the hands of the police to prevent criticism of their conduct? The question answers itself. And perhaps the* action of the police in this case more than any that I can think of, shows the danger of censorship generally." "Alibi." considered to be among the finest films of the year, has been banned In New Zealand. FORM OF TYRANNY “Ir is a form of tyranny at its best, justified, perhaps, because of the abuses to which the owners of theatres might resort, but. it is an exercise of power abhorrent to American ideas. It should be used only out of sheer necessity.” This is the first time an injunction of this kind has been granted since •The Birth of a Nation”: the usual actions have been in the form of mandamus proceedings, some of which ended in favour of the producers.