Kingsley Int’l Pictures Corp. v. Regents, 360 U.S. 684 (1959)

Kingsley International Pictures Corp. v.


Regents of the University of the State of New York
No. 394


Argued April 23, 1959
Decided June 29, 1959
360 U.S. 684

APPEAL FROM THE COURT OF APPEALS OF NEW YORK

Syllabus

Under provisions of the New York Education Law which were construed by the Court of Appeals of New York as requiring the denial of a license to show a motion picture when "its subject matter is adultery presented as being right and desirable for certain people under certain circumstances," that Court sustained denial of a license to show a motion picture which it found "alluringly portrays adultery as proper behavior."

Held: as thus construed and applied, the New York statute violates the freedom to advocate ideas which is guaranteed by the First Amendment and protected by the Fourteenth Amendment from infringement by the States. Pp. 684-690.

4 N.Y.2d 349, 115 N.E.2d 197, 175 N.Y.S.2d 39, reversed.