[Your Constitutional Rights!]

Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 (1952)

"The state has no legitimate interest in protecting religions from views distasteful to them."

Stills from the film
Scenes from "Il Miracolo"
"beautiful, artistic."
"sacrilegious."

New York, 1950. Film critics call "The Miracle": "beautiful," "artistic," "courageous." New York's State Board of Regents calls it "sacrilegious," and bans it. State law makes it illegal to show any film the Board finds "indecent, immoral, sacrilegious or that tends to corrupt morals." The film's distributor, Joeseph Burstyn, appeals.

In 1952, a unanimous Supreme Court declares the state law unconstitutional.[Justice Clark] "From the standpoint of freedom of speech and the press," writes Justice Clark, "the state has no legitimate interest in protecting any or all religions from views distasteful to them. It is not the business of our government to suppress real or imagined attacks upon a particular religious doctrine, whether they appear in publications, speeches, or motion pictures."

Italian Films by Roberto Rossellini

"Il Miracolo" (Part 2 of "L'Amore" trilogy) Internet Movie Database

[FindLaw]
FindLaw® full text of decision.

AMENDMENT 1 Freedom of Religion, Speech, and Assembly

Passed by Congress September 25, 1789. Ratified December 15, 1791.

[Amendment #] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [^].

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