Basically the court decision was about negating a lower courts decision that pre-production censorship by the industrial commission of Ohio. In the case Mutual Film Corp. claims that pre-production censorship loses them money as the films become worth less. They also claim that it is in Violation of 5, 16, and 19 of article one of the Constitution as well as articles 1 and 14 of the Amendments. There is also a claim that the previous ruling gives the industrial commission of ohio legislatial powers which are reserved for the general assembly. The industrial commission argued that since they were only going for films shown in Ohio it had nothing to do with interstate commerce. The commission also asserted that only films that were not educational or moral would be subject to censorship. Justice McKenna states that “Therefore, however missionary of opinion films are or may become, however educational or entertaining, there is no impediment to their value or effect in the Ohio statute. But they may be used for evil, and against that possibility the statute was enacted.” This shows that the Justice believed in upholding the ruling of the previous court.
I found the decision hard to read based mainly on the poor flow of the document. The wording of the decision is put into so much depth that it becomes bothersome to move through the tide of words to find the meaning.
The decision is relevant to Scarface because it allowed for the kind of pre-production censorship that the Hay’s Office forced down the collaborative throat of Hawks, Hughes and Hecht.