224 A.D. 311 | N.Y. App. Div. | 1928
This is a certiorari to review the determination of defendants in refusing to issue a license for the exhibition of a motion picture film entitled “ The Naked Truth.” The picture traces the lives of three young men from boyhood to manhood and is intended to portray the dangers and results of association with lewd women. It shows a male and female in the nude and, among other things, the progress of different venereal diseases and the effects thereof. Petitioner claims that it is educational. Defendants answer that it is obscene and indecent. Several applications for a license and several examinations have been made. The first application was made in November, 1926, to the former Motion Picture Commission. That was for an unlimited and unconditional license, and was unanimously denied on the finding that the picture was obscene and indecent. Jurisdiction of the sub j ect-matter having been transferred to the State Education Department on January 1, 1927, pursuant to article 11 of the State Departments Law (as added by Laws of 1926, chap. 544), application was thereupon made to the motion picture division of the department for a limited or conditional license to exhibit to audiences of males and females over sixteen years of age, separately. Thereafter, the official reviewers of the division, the director of the division, and the Assistant Com
Thus, there is no question for review. The determination should be confirmed.
Van Kirk, P. J., Hinman, Davis and Hasbrouck, JJ., concur.
Determination confirmed, with fifty dollars costs and disbursements.