Critical Reception
The film enjoyed wide success in the southern United States, but was banned by the city of Marshall, Texas for its subject matter. There, W. L. Gelling managed the segregated Paramount Theater, where blacks were forced to sit in the balcony. Gelling booked Pinky for exhibition in February 1950, a year in which the First Amendment did not protect movies, per Mutual Film Corporation v. Industrial Commission of Ohio (1915).
The City Commission of Marshall “reactivated” the Board of Censors, established by a 1921 ordinance, and designated five new members who demanded the submission of the picture for approval. The board disapproved its showing, stating in writing its “unanimous opinion that the said film is prejudicial to the best interests of the citizens of the City of Marshall.” Gelling nonetheless exhibited the film and was charged with a misdemeanor.
Three members of the Board of Censors testified that they objected to the picture because it depicts (1) a white man retaining his love for a woman after learning that she is a Negro, (2) a white man kissing and embracing a Negro woman, (3) two white ruffians assaulting Pinky after she has told them she is colored. Gelling was convicted and fined $200. He appealed the conviction all the way to the U.S. Supreme Court.
After Gelling filed his appeal, the Court decided the landmark free speech case of Joseph Burstyn, Inc v. Wilson (1952) that extended First Amendment protection to films. The Court then overturned Gelling’s conviction.
Read more about this topic: Pinky (film)
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