Mutual Film Corporation v. Industrial Commission of Ohio
Case Date: 05/19/2024
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Mutual Film Corporation v. Industrial Commission of Ohio, 236 U.S. 230 (1915), was a court case decided by the United States Supreme Court in 1915, in which, in a 9-0 vote, the Court ruled that the free speech protection of the Ohio Constitution — which was substantially similar to the First Amendment of the United States Constitution — did not extend to motion pictures.
The state government of Ohio had passed a statute in 1913 forming a board of censors which had the duty of reviewing and approving all films intended to be exhibited in the state. The board charged a fee for the approval service. The board could order the arrest of anyone showing an unapproved film in the state.
The Court stated:
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…the exhibition of moving pictures is a business, pure and simple, originated and conducted for profit … not to be regarded, nor intended to be regarded by the Ohio Constitution, we think, as part of the press of the country, or as organs of public opinion.
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The Court described movies in some technical detail and noted their popularity, but wrote "they may be used for evil," and for this reason, "We cannot regard [the censorship of movies] as beyond the power of government." The Court added it would be equally unreasonable to grant free speech protection to the theater or the circus, and noted that in many prior cases regarding government licensure of theatrical performances, the issue of freedom of opinion had not been raised.
The plaintiff was Mutual Film Corporation, a movie distributor. Mutual had also argued that in addition to the violation of its freedom of speech, the censorship board was interfering with interstate commerce in violation of the Dormant Commerce Clause; and that the government had illegally delegated legislative authority to a censor board. These arguments were dismissed by the Court more perfunctorily.
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