Johnson officials explain banning of 'Curious' film
By DAVE BROYLES
Kansan Reviewer
The Swedish motion picture "I Am Curious (Yellow)" has been banned from Johnson County as a result of prosecution by County Attorney James W. Bouska.
In a Kansan interview, Bouska said the case involved more than just the suppression of a "dirty" movie.
"I Am Curious (Yellow)" depicts genital intercourse and other sexual activities. The intercourse scenes are the most explicit of any film ever distributed for general showing in the United States, Bouska said.
Bouska filed suit against the film after attending a showing at the Kimo South theater in Overland Park June 22, 1969. The Kansas District Court of Johnson County issued an injunction to halt showing of the film June 25. The court ordered seizure and destruction of the film September 5 after hearing the defense by Dickinson theaters, owner of Kimo South, and Grove Press, distributor of the film. The court decision is being appealed to the Kansas Supreme Court.
"Actually, I thought the film was incredibly dull," Boussa said. "The film was so raw I couldn't find anything erotic about it. As prosecuting attorney, I've seen it four times. The first time I saw it I nearly went to sleep.
"And I would like to think I've still got some life left in me," the 43-year-old attorney added with a grin.
Bernis G. Terry, assistant county attorney, attempted to define obscenity:
"Obscenity is a very subjective thing. It is conditioned by cultural, moral or religious teachings, and even by the psychological makeup of the individual human mind."
"Legally, the definition that governs all obscenity cases was laid down by the U.S. Supreme Court in Roth vs. United States in 1957." Terry said.
"By this definition, material is obscene if to the (1) average person, applying (2) contemporary community standards, the (3) dominant theme of the material as a whole appeals to (4) prurient interest," he said.
"Roth and subsequent cases have also established that the material must be (5) without redeeming social value. It also seems possible that for the material to be condemned it must be found to be (6) patently offensive," he said.
"What this case really comes down to is a matter of protection of the freedom of speech as guaranteed by the First Amendment versus protection of the community against harms resulting from obscenity. Boussa said
"Maybe obscenity is what someone else shouldn't see," Bouska said as he grasped for words to explain the dangers obscenity can present to the community. "It doesn't hurt me, but I don't want my children to see it."
Bouska then cited statements
Dec. 12
1969 KANSAN 5
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by Michael Burgess, chairman of the department of psychology at the University of Missouri at Kansas City. According to Burgess, "I Am Curious (Yellow)" is harmful to many youth 16 to 21 years old because it gives a distorted impression of adult sexuality.
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"We have evidence showing that 17 and 18-year-olds were seeing the film." Bouska said.
When asked why sexual obscenity is currently a major issue, Bouska blamed profiteering "smut" peddlers.
stated nothing about admission of minors, but advertisements by Kimo South in the Kansas City Star said that no one under 18 would be admitted.
Bouska and Terry contended that, though there is no legal age established by Kansas law for admission to obscene movies, the
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"People aren't interested in obscene art that doesn't sell," Bouska said. "There has to be some new perversion in every obscene movie to make it sell."
"Barney Rosset, owner of Grove Press and distributor of the film in the United States, has made millions distributing dirty movies." Bouska said. "He makes some of these little smut peddlers look like pikers."
"Rosset purchased distribution rights for the United States for $25,000. By July, 1969 he had made over $3 million in profit on this film alone!" Bouska said. "The six-week showing at Kimo South grossed over $120,000, of which Grove Press received 70 per cent."
"There is so much money in obscenity that there are a few highly paid lawyers who do nothing but defend obscenity cases. These lawyers are paid to run roughshod over local prosecutors," he said.
"The film should never have been allowed in the United States," Bouska said. "A U.S. District Court jury of 12 persons in New York ruled unanimously that the film was obscene. This ruling was overturned by a two-to-one decision in Circuit Court of Appeals. That makes 13 out of 15 persons agreeing that the film is obscene and should be banned."
Bouska based prosecution on two major counts. First, in the U.S. Circuit Court of Appeals decision that allowed showing of "I Am Curious (Yellow)" in the United States, Grove Press agreed that no minors would be allowed to see the film. This agreement was written as a part of the court decision.
Kimo South officials said in court-proceedings that they had not checked the legal age in Kansas, the attorneys said. Furthermore, the theater officials said their agreement with Grove Press
present statutes imply the age of 21. Identification checks by Overland Park police found that persons under the age of 18 had been admitted, the attorneys said.
Bouska and Terry therefore contended that the Court of Appeals decision had been violated.
Second, the prosecution contended that Grove Press, as English translator and designer of all advertising, had deliberately pandered to pruriest interests.
"In Ginzburg vs. United States (1966), the Supreme Court ruled that in cases where the redeeming social value is questionable,
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the apparent intention of the purveyor is a valid consideration," Terry said.
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A Swedish interpreter testified before the Johnson County District Court that the English subtitles, written by Grove Press, are more profane than the Swedish dialogue. Also cited was the Swedish director, who had written in his diary that the film was intended to break all sexual taboos.
JAMES H. NICHOLSON with SAMUEL Z. ARKOFF present
"The nonsexual portions of the movie are only a vehicle for scenes of sexual conduct," Terry said. "Because of this, the claims of redeeming social value as a result of nonsexual scenes are false."
"Advertising in the Kansas City Star appealed mainly to sexual interests. Though many other themes were mentioned, the obvious underlying theme was sex," Bouska said.
Reflecting on his college days at KU, Terry commented on the ideas of college students about censorship.
"When I was in college, I was completely opposed to all censorship," he said. "But when I became involved in this case I began to realize that the issues aren't that simple.
"I still oppose practically all censorship. I just hope students will realize that we aren't trying to suppress free speech. What we are trying to suppress are the vested interests of smut peddlers who violate accepted moral codes soley for purpose of profit," he said.
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