Connection Co. v. Regents of University

Appellate Division of the Supreme Court of New York

Connection Co. v. Regents of University

17 A.D.2d 671, 230 N.Y.S.2d 103, 1962 N.Y. App. Div. LEXIS 8723

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 2, 1962

StatusPublished

This text of 17 A.D.2d 671 (Connection Co. v. Regents of University) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Connection Co. v. Regents of University, 17 A.D.2d 671, 230 N.Y.S.2d 103, 1962 N.Y. App. Div. LEXIS 8723 (N.Y. Ct. App. 1962).

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Opinion

This is a proceeding to review the denial of the Board of Regents for the issuance of a license for the exhibition of the motion picture “ The Connection ”. The sole ground for refusing a license to show the motion picture is premised on obscenity in the use of the word “ shit ”. In most instances the word is not used in its usual connotation but as a definitive expression of the language of the narcotic. At most, the use of the word may be classified as vulgar but it is not obscene, pursuant to section 122 of the Education Law, and the determination of the Board of Regents is annulled. The petitioner further alleges that the licensing section (§ 126) is unconstitutional as the fiscal charge constitutes the imposition of a tax and not a fee. (People v. Jarvis, 19 App. Div. 466, 469.) Suffice it to note that the Legislature of this State in 1961 amended the [672]*672section by reducing the fees charged so that we must assume, as of now, that the present charges are fair and reasonable. The presumption that the section is constitutional prevails. Determination of the Board of Regents annulled, with $50 costs to the petitioner. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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This is a proceeding to review the denial of the Board of Regents for the issuance of a license for the exhibition of the motion picture “ The Connection ”. The sole ground for refusing a license to show the motion picture is premised on obscenity in the use of the word “ shit ”. In most instances the word is not used in its usual connotation but as a definitive expression of the language of the narcotic. At most, the use of the word may be classified as vulgar but it is not obscene, pursuant to section 122 of the Education Law, and the determination of the Board of Regents is annulled. The petitioner further alleges that the licensing section (§ 126) is unconstitutional as the fiscal charge constitutes the imposition of a tax and not a fee. (People v. Jarvis, 19 App. Div. 466, 469.) Suffice it to note that the Legislature of this State in 1961 amended the [672]*672section by reducing the fees charged so that we must assume, as of now, that the present charges are fair and reasonable. The presumption that the section is constitutional prevails. Determination of the Board of Regents annulled, with $50 costs to the petitioner. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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Bluebook (online)

17 A.D.2d 671, 230 N.Y.S.2d 103, 1962 N.Y. App. Div. LEXIS 8723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connection-co-v-regents-of-university-nyappdiv-1962.

Opinion

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