Movies, Video Games, and Comics Cases
American Amusement Machine Association v. Kendrick (7th Cir. 2001) ruled
that an ordinance limiting minors’ access to violent video games violated
the First Amendment.
Brown v. Entertainment Merchants Association (2011) ruled that a state law
prohibiting sale of violent video games to minors violated the First
Amendment.
In Burstyn v. Wilson (1952), the Supreme Court said a New York law allowing
a film to be banned on the basis of its being sacrilegious violated the
First Amendment.
Byrne v. Karalexis (1969) stayed an injunction against prosecutions of
theater owners for showing an obscene movie. Dissenters said the movie was
protected by the First Amendment.
In Gelling v. Texas, the court reversed a Texas court decision that
convicted W. L. Gelling. Gelling had shown a motion picture prohibited by
the Board of Censors.
Grove Press v. Gerstein rejected a ban of Henry Miller’s Tropic of Cancer,
one of the most censored books in history, by saying it had some redeeming
literary value.
Interstate Circuit, Inc. v. Dallas (1968) rejected a city’s film censorship
ordinance that was too vague for determining whether films were suitable
for minors.
In Jenkins v. Georgia (1974), the Court overturned the conviction of a
theater manager who had been prosecuted for showing a film deemed obscene
by local and state authorities.
In Katzev v. County of Los Angeles (Cal. 1959), the California Supreme
Court used the First Amendment to strike down an ordinance prohibiting the
sale of crime comic books.
In Kingsley International Pictures v. Board of Regents (1959) the Court
reviewed constitutional issues of prior restraint raised by the practice of
states licensing films.
Kovacs v. Cooper (1949) upheld the conviction of a man under a city
ordinance that prohibited the use of sound trucks that emitted “loud and
raucous” noises on city streets.
Meese v. Keene (1987) upheld the authority of the government to classify
foreign films as propaganda. The Court held that the enabling statute did
not abridge the First Amendment.
Public Utilities Commission v. Pollak (1952) determined that First
Amendment freedoms were not unreasonably inhibited by the broadcast of
radio programs on public transit.
Rabe v. Washington (1972) overturned on First Amendment grounds the
conviction of a drive-in theater manager who had been convicted under
anti-obscenity laws.
Superior Films v. Department of Education (1954) said state laws allowing
administrative agencies to refuse licenses to objectionable movies violated
the First Amendment.
In Teitel Film Corp. v. Cusack (1968) didn’t address the censorship and
First Amendment issues but dealt with the administrative details of
America’s censorship regime.
In Times Film Corp. v. City of Chicago (1961) ruled that requiring film
exhibitors to apply for licenses before showing their motion pictures did
not violate the First Amendment.
Vance v. Universal Amusement Co., Inc. (1980) said a Texas law regulating
obscene films was unconstitutional prior restraint in violation of the
First Amendment.
