(1967)
United States v. A Motion Picture Film entitled I Am Curious – Yellow
This is an appeal from a judgment of the district court, after a jury trial, ordering the forfeiture and confiscation of the motion picture entitled “I Am Curious-Yellow.” The issue of the obscenity of “I Am Curious” was submitted to the jury and the jury found the picture obscene.
It seems to be conceded that the sexual content of the film is presented with greater explicitness than has been seen in any other film produced for general viewing. The question for decision is whether, going farther in this direction than any previous production, the film exceeds the limits established by the courts.
The government argues with considerable cogency that the standards by which motion pictures are to be judged may be different from those that are used in the case of books. It points out that a motion picture reproduces actual conduct so that it can be seen and heard. Books are read by individuals in private, whereas motion pictures are viewed in public. Nudity and sexual activity in motion pictures, it is argued, bear a close resemblance to nudity and sexual activity in a public place. Obviously conduct of this type may be forbidden.
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