Freedman v. Maryland/Concurrence Douglas

by William O. Douglas

Mr. Justice DOUGLAS, whom Mr. Justice BLACK joins, concurring.

On several occasions I have indicated my view that movies are entitled to the same degree and kind of protection under the First Amendment as other forms of expression. Superior Films v. Department of Education, 346 U.S. 587, 588, 74 S.Ct. 286, 98 L.Ed. 329; Kingsley International Pictures Corp. v. Regents, 360 U.S. 684, 697, 79 S.Ct. 1362, 1369, 3 L.Ed.2d 1512; Times Film Corp. v. City of Chicago, 365 U.S. 43, 78, 81 S.Ct. 391, 410, 5 L.Ed.2d 406. For the reasons there stated, I do not believe any form of censorship-no matter how speedy or prolonged it may be-is permissible. As I see it, a pictorial presentation occupies as preferred a position as any other form of expression. If censors are banned from the publishing business, from the pulpit, from the public platform-as they are-they should be banned from the theatre. I would not admit the censor even for the limited role accorded him in Kingsley Books, Inc. v. Brown, 354 U.S. 436, 77 S.Ct. 1325, 1 L.Ed.2d 1469. I adhere to my dissent in that case. Id., at 466-447, 77 S.Ct., at 1330-1331. Any authority to obtain a temporary injunction gives the State 'the paralyzing power of a censor.' Id., at 446, 77 S.Ct., at 1330. The regime of Kingsley Books 'substitutes punishment by contempt for punishment by jury trial.' Id., at 477, 77 S.Ct., at 1331. I would put an end to all forms and types of censorship and give full literal meaning to the command of the First Amendment.