REED, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

343 U.S. 495

Joseph Burstyn, Inc. v. Wilson

APPEAL FROM THE COURT OF APPEALS OF NEW YORK

MR. JUSTICE REED, concurring in the judgment of the Court.

Assuming that a state may establish a system for the licensing of motion pictures, an issue not foreclosed by the Court's opinion, our duty requires us to examine the facts of the refusal of a license in each case to determine [p507] whether the principles of the First Amendment have been honored. This film does not seem to me to be of a character that the First Amendment permits a state to exclude from public view.