Motion Picture Division

In 1921, the New York State Legislature created the Motion Picture Commission to review and license motion pictures (Ch. 715, L. 1921). This agency consisted of three commissioners appointed by the governor, as well as supporting staff. The commission functioned until 1927 when, as part of a general consolidation of state government, it was abolished and its duties transferred to the State Education Department (Ch. 544, L. 1926). The Education Department established a Motion Picture Division to carry out the review and licensing responsibilities formerly executed by the commission.

Legislation passed in 1927 (Chapter 153) required the division to review every motion picture proposed for public exhibition in New York State and to issue a license for exhibition unless the film contained material that was "obscene, indecent, immoral, inhuman, sacrilegious, or of such character that its exhibition would tend to corrupt morals or to incite to crime." The law also forbade the exhibition of advertising material of a character prohibited for motion pictures themselves. The statute further provided that the division could issue a permit, without examination or fee, for films of a "strictly scientific character intended for use by the Learned Professions" or "intended solely for educational, charitable, or religious purposes, or by any employer for the instruction or the welfare of his employees."

The division functioned under this statutory authority until 1965. During the 1950s and early 1960s, the authority of the division--and censorship boards in other states--was repeatedly challenged in the courts by movie makers who held that changing standards of public taste and morality should dictate a broader definition of what could be shown on the screen. Critics also charged that censorship boards such as the Motion Picture Division exercised unconstitutional authority under the First Amendment (by abridging free speech) and the Fourteenth Amendment (by not providing for "due process of law" in the review process).

A series of court decisions repeatedly undermined and circumscribed the authority of the Division. In 1965 a major U.S. Supreme Court decision, Trans-Lux Distributing Corp. vs Board of Regents, required substantial changes in the appeal procedures for all state film censorship boards. Later that same year a New York State Court of Appeals decision, Trans-Lux Distributing Corp. vs Regents, held that the law establishing the Motion Picture Division was "null and void" because the division's appeal procedures did not conform to Supreme Court requirements. The Regents introduced a bill in the State legislature to modify the review process but the bill found little support and did not pass. Therefore, the Motion Picture Division ceased operation on September 30, 1965.

The principal functions of the division were: (1) to review films and determine if they complied with the censorship law; (2) to issue licenses and seals for approved films; and (3) to inspect films in theaters to confirm that the seals were properly displayed and that no films were exhibited in the State without a license or permit. The division had offices in Albany, New York City, and Buffalo. Its staff averaged approximately twenty members during the years of its operation, including a director, six reviewers, and five inspectors. All motion pictures submitted for licensing were examined by division reviewers.

The motion picture exchange filed an application form and a license fee; a transcript of all dialogue, songs, etc.; an English translation and a list of super-imposed titles for all foreign films; and a print of the film. Division reviewers examined all of the material submitted, viewed a copy of the film, and submitted a report to the division director, who could then make one of three possible determinations.

"Approved": For films approved as submitted, a license and an official seal with a serial number were issued. This seal or leader was attached to the front of the print and was required to be imprinted on every copy of the film exhibited in the State.

"Approved with Elimination": Some films were approved on condition that certain scenes or dialogues be changed or omitted. For these films, the applicant was notified by letter giving the statutory reasons and describing the required eliminations in detail. When the applicant made the required eliminations in print, it was rescreened by the division and, if approved, a license was issued.

"Rejected": Some films contained so much material objectionable to division reviewers that they were rejected outright. In these cases, the applicant was notified by letter with the reasons for the rejection. The applicant could revise the rejected picture and resubmit it as a new application. Applicants dissatisfied with the determination could request that the director of the division review the motion picture and hear arguments from the applicant. After this process applicants dissatisfied with the director's decision could appeal to the Commissioner of Education or, after a 1938 change in the law, to the Board of Regents. If dissatisfied with the decision of the Commissioner or the Board of Regents, applicants could seek remedy in the courts.

Division inspectors visited theaters and exchanges to ensure that all motion pictures exhibited contained a properly issued seal and that all eliminations had been made. Inspectors also monitored theater advertising and informally gathered information concerning audience reaction to certain types of films and certain scenes as presented in films. The division reported any violations to the exchanges and to the individual theaters, requested written explanations, and ordered compliance. In the rare case of serious or repeated violations, the evidence was turned over to local law enforcement authorities for action: the Division had no police powers.

From 1921 to 1965, the Motion Picture Division (and its predecessor, the Motion Picture Commission) reviewed approximately 73,000 motion pictures. Approximately 93% of these were approved as submitted. Only about a dozen each year were rejected in toto. In the majority of films approved with eliminations, usually only a few words or phrases or one scene were ordered changed or eliminated. The largest number of eliminations were ordered in the 1920s and early 1930s, before Hollywood studios began serious self censorship. The number of eliminations decreased significantly in the 1950s and 1960s. The reduction in the number of eliminations reflected changes in the mores of society as a whole, changes accelerated by the great influx of foreign films during this time period. For example, in 1928 the division ordered eliminations in 448 films, in 1944 in 90 films, and by 1957 in only 44 films. Despite this decline in the number of censored films, the division's authority was repeatedly challenged in the courts and, as noted above, the division was disbanded in 1965 after a series of court decisions undermining its authority.