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MTR. OF EXCELSIOR PICT. CORP. v. REGENTS

3 N.Y.2d 237 (1957)

In the Matter of Excelsior Pictures Corp., Respondent, v. Regents of the University of the State of New York, Appellants.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for appellants.

Charles J. Tobin, Jr., Porter R. Chandler and John B. Coleman, Jr., for New York State Catholic Welfare Committee, amicus curiæ, in support of appellants' position.

Sol A. Rosenblatt, Julian B. Rosenthal and Charles Roden for respondent.

Opinion by DESMOND, J.; DYE and FULD, JJ., concur except as to the discussion of the constitutionality of the statute, each in a separate opinion; VAN VOORHIS, J., concurs with DESMOND and FULD, JJ.; BURKE, J., dissents in an opinion in which FROESSEL, J., concurs and in which CONWAY, Ch. J., concurs in a separate opinion in which FROESSEL and BURKE, JJ., concur.

DESMOND, J.

Under review in this case is the denial to petitioners, by the Regents, of a license to exhibit in New York State a motion picture called "Garden of Eden". The film, which this court has viewed, is a fictionalized depiction of the activities of the members of a nudist group in a secluded private camp in Florida. There is nothing sexy or suggestive about it. It has been shown in 36 States and in many...

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