3 ms·
It's helpful to look at that case in the context of the time, which was pre-New Deal, more federalist, and the Bill of Rights applied narrowly to the Congress.
by jibe 4y ago
It's helpful to look at that case in the context of the time, which was pre-New Deal, more federalist, and the Bill of Rights applied narrowly to the Congress. It was about a state (Ohio) having a censorship board, not federal censorship.
The argument wasn't even made that it was a violation of the first amendment (which would have only applied to laws by Congress, not states). The argument was more about things like whether it was a violation of interstate commerce to have to have different versions of a movie for different states. They did argue that it violated the Ohio state constitutional right to free speech.