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Boxoffice-December.20.1952

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I<br />

44 LEGISLATURES MEET IN '53;<br />

TAXES. CENSORSHIP TO FORB^<br />

Industry May Take Up<br />

Fight to Repeal All<br />

State Censoring<br />

NEW YORK—What will happen In connection<br />

with censorship and taxes are current<br />

topics of speculation among exhibitors<br />

as opening dates for 44 legislatures approach.<br />

Forty-two are scheduled to open<br />

in January; one—Florida—in April and<br />

two—Alabama and Louisiana—in May.<br />

The states that wUl not meet in 1953. unless<br />

special sessions are called, are Kentucky,<br />

Louisiana. Mississippi and Virginia. Only<br />

one of these—Virginia—has state censorship.<br />

The cerisoring states are Pennsylvania, Massachu.setls<br />

(Sunday only), Kansas, Ohio and<br />

New York.<br />

Reports have circulated that censorship<br />

repeal bills will be introduced in Maryland,<br />

Ohio, Kansas, Pennsylvania and New York<br />

with indirect MPAA support, but official<br />

confirmation is lacking.<br />

DIFFER IN MARYLAND<br />

Since the Supreme Court decisions in the<br />

Gelling and Miracle cases, the attorney general<br />

of Maryland has expressed the opinion<br />

that present censorship laws there are void,<br />

but the chief censor, Sydney Traub, has indicated<br />

that he will fight for continuance.<br />

Some action by the legislatures is expected.<br />

In Massachusetts, where the department of<br />

public safety censors films for Sunday showings—which<br />

is equivalent to seven-day-aweek<br />

censorship—there has been practically<br />

no discussion of the po.ssibility of seeking repeal<br />

among exhibitors.<br />

In Ohio an analogous situation prevails.<br />

The chief censor. Dr. Clyde Hissong, is definitely<br />

on the defensive. A test case started<br />

by the Motion Picture Ass'n of America some<br />

months ago resulted in a stalemate. The Ohio<br />

law requires that failure to comply with the<br />

censors ruling is a misdemeanor to be handled<br />

by magistrates courts which have only local<br />

jurl.sdiction.<br />

A battery of lawyers challenged the censors<br />

Theatre TV Wrestling<br />

May Get Colorado Tax<br />

DENVER—Plans are being laid to present<br />

a bin to the Colorado legislature,<br />

meeting next month, to tax closed circuit<br />

large-screen television of wrestling<br />

matches and prize fights. At present only<br />

the Paramount In Denver Ls equipped to<br />

show .such events. Eddie Bohn, chairman<br />

of the state boxing and wrestling commission,<br />

wants the state tax to be 5 per cent,<br />

the same as now levied on live events.<br />

Bohn is afraid that with television of<br />

those sporting events in any number,<br />

the actual events might pa.ss out of the<br />

picture, at lea.st locally, and If such should<br />

be the case, the boiird would have no<br />

funds to keep Itself going.<br />

Chicago Censorship<br />

Taken Into Court<br />

CHICAGO—The Chicago Chapter of<br />

the American Civil Liberties Union, filed<br />

suit in circuit court December 23, asking<br />

that Chicago's motion picture censorship<br />

ordinance be held unconstitutional.<br />

The suit results from a ban on the<br />

showing in Chicago of "The Miracle," an<br />

Italian film. Police Commissioner O'Connor,<br />

on recommendation of the police censor<br />

board, banned the film on the ground<br />

it was immoral and held religion up to<br />

ridicule. Mayor Martin Kennelly, on an<br />

appeal, upheld O'Connor, but on the<br />

ground the film was immoral and obscene.<br />

The plaintiffs contended city authorities<br />

have the right to act after an improper<br />

motion picture has been shown,<br />

but that censorship prior to public showing<br />

is a violation of constitutional guarantees<br />

of freedom of speech and of the<br />

press.<br />

Signers of the complaint were Dean<br />

Arthur Cushman McGiffert, head of the<br />

Chicago Theological Seminary, as chairman<br />

of the Chicago division of the<br />

ACLU, and Attorney Charles Liebman.<br />

acting as an individual. Liebman holds<br />

the rights to exhibit and distribute the<br />

film in Chicago territory.<br />

power to regulate the content of newsreels on<br />

the ground that the reels were entitled to<br />

freedom of the press. Martin G. Smith consented<br />

to be the central figure in the test<br />

case. He showed a newsreel without the censors<br />

license and was arrested.<br />

Smith won when the local coiu-t ruled the<br />

censors were acting beyond their powers, and<br />

it was thought that the groundwork for<br />

higher court rulings had been laid. After<br />

some delay the attorney general refused to<br />

take an appeal and this left the ruling<br />

applicable only to Toledo.<br />

There was some talk among Ohio exhibitors<br />

of refusing to pay the censors fees and thus<br />

precipitating t6sts in other municipalities, but<br />

nothing came of it. They have been paying<br />

under protest since then, a technicality that<br />

may enable them to collect if some other court<br />

nues on the problem.<br />

Dr. Hissong has been voluble in defense<br />

of censorship since the Toledo incident, but<br />

both the MPAA and the Independent Exhibitors<br />

Ass'n of Ohio have been silent since that<br />

time. There would be no surprise if the<br />

problem should reach the legislature in the<br />

form of an amendment to the present cen-<br />

.sorship law.<br />

Some exhibitors favor it, and some don't,<br />

the latter basing their objection on the theory<br />

that if the $3,000,000 annual income from<br />

censorship which is now used for school purposes<br />

Is cut off, the legislature might think of<br />

some other way for making up the lost<br />

revenue.<br />

In New York the chief defender of censorship<br />

is Charles A. Brind jr., counsel to thl<br />

New York state education department, whic<br />

has jurisdiction over censorship. He has mad<br />

a number of speeches declaring that if stat<br />

statutes governing censorship are outlawet<br />

he would advocate the licensing of theatre<br />

Under his plan, theatres would be licensed i<br />

a manner similar to pharmacies and liquc<br />

stores, and any theatre showing a film ths<br />

violated the state code would have its licens<br />

revoked.<br />

Some of the exhibitor groups are in favc<br />

of staying away from the legislatiu'e excepi<br />

as it may become necessary to battle any nc<br />

tax plans.<br />

New York City is making desperate effoii<br />

to increase its revenues and some upstati<br />

cities are in the same predicament.<br />

This also is the situation in many oth«<br />

cities in many other states where exhibit*'<br />

groups are watching the development closely<br />

without being able to predict what wi<br />

happen.<br />

Spyros Skouras Back<br />

From His World Tour<br />

NEW YORK—Spyros P. Skouras, presider<br />

of 20th Century-Fox, ended a three-mont<br />

round-the-world film survey Wednesday (24<br />

when he returned from Europe by plane. H<br />

had left here early in October, going first t<br />

the far east, where he visited Honolulu, Ms<br />

nila, Tokyo, Hong Kong, Bangkok, Djakarta<br />

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local business situation and met with Indus laliiytesta<br />

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visited the Korean fighting front.<br />

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In Europe, Skouras visited Greece,<br />

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native country, Italy, Germany, England<br />

Switzerland. At all stopovers he surveyed thKiitiJlieii<br />

Plans Congressional Bill<br />

To Cut Theatre Taxes<br />

WASHINGTON—A bUl to reduce admissio<br />

iion<br />

i^ly in fi<br />

j renials-<br />

over<br />

IK OS TBI<br />

Mceshve<br />

tyWd<br />

taxes to 10 per cent, to exempt admissioi *tot circle<br />

under 60 cents and to bring excise taxe.'^ ger isfd to arbjt<br />

erally down to 1939 rate levels will be intn<br />

duced m Congress shortly after opening i<br />

the 1953 session by Rep. John D. Dingell (I<br />

Mich.), it was learned on Friday (19K<br />

Dingell said that under the terms of h<br />

bill some excises would be repealed entire.|<br />

and some reduced. He predicted strong COI<br />

gressional support for his bill.<br />

U.S. Industry Investments<br />

Abroad Total 111 Million<br />

WASHINGTON—American investments<br />

overseas motion pictiu-es reached $111,600,01<br />

in 1950, according to the Department of Con<br />

merce on Tuesday (23t. Slightly over ha<br />

$56,400,000, was invested in western Europ<br />

$22,900,000 was invested in Canada; $16,400,0'<br />

in Latin-America; and $15,500,000 in oth<br />

nations around the world.<br />

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BOXOFFICE :: December 27, 19." lOfFJCE

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