Superior Films, Inc. v. Department of Education

Background

The case involved government efforts to control what movies may be shown, with states (including Ohio and New York) arguing that officials could establish censorship over motion pictures. The Supreme Court issued a brief per curiam decision reversing the lower-court judgments and cited the earlier Joseph Burstyn decision that treated movies as protected by the First and Fourteenth Amendments.

Reasoning

The core question was whether government may require movies to be submitted for approval before public showing. The Court relied on precedent recognizing motion pictures as part of the free speech and free press protections. In a separate opinion, Justice Douglas explained that the Constitution forbids prior restraints — official prepublication approval — across media. He cited earlier cases that struck down systems forcing newspapers or other speakers to submit material for clearance and argued that film makers must not be subject to such censorship.

Real world impact

The ruling makes it harder for states or local officials to require preapproval or licensing that screens films before they can be shown. Filmmakers, actors, distributors, and theaters gain stronger protection from government-imposed prior restraints. The decision reverses lower-court permission for censorship and emphasizes that creative speech in movies is protected like other forms of expression.

Dissents or concurrances

Justice Douglas, joined by Justice Black, wrote separately to stress that no medium—books, plays, radio, television, or movies—should be forced to submit work to censors, arguing the First Amendment’s “no law” language bars such prior restraints.