Opinion
Submitted April 27, 1964
Decided April 30, 1964
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon certain questions under the Constitution and laws of the United States, viz.: Respondent contended that the licensing provisions of section 122 of the Education Law violate the Fourteenth Amendment to the United States Constitution; that the film here involved could not be denied a license under section 122 without violating the Fourteenth Amendment, and that section 122 violates section 305 of the Tariff Act of 1930. The Court of Appeals held that there were no such violations of Federal law for the reasons stated in the opinion of the court and in the concurring opinions.