Hugo Black

“ Such an individualized determination cannot be guided by reasonably fixed and certain standards. Accordingly, neither States nor moving picture makers can possibly know in advance, with any fair degree of certainty, what can or cannot be done in the field of movie making and exhibiting. ”

“ In addition, the Justices of this Court seem especially unsuited to make the kind of value judgments-as to what movies are good or bad for local communities-which the concurring opinions appear to require. We are told that the only way we can decide whether a State or municipality can constitutionally bar movis i § for this Court to view and appraise each movie on a case-by-case basis. Under these circumstances, every member of the Court must exercise his own judgment as to how bad a picture is, a judgment which is ultimately based at least in large part on his own standard of what is immoral. ”

“ Unlike them, I have not seen the picture. My view is that stated by Mr. Justice DOUGLAS, that prior censorship of moving pictures like prior censorship of newspapers and books violates the First and Fourteenth Amendments. ”