Monday, Jul. 16, 1923
Prizefight Films
Those persons who have been concerned with the exploitation of Dempsey-Gibbons " fight films" know well that:
The Act of Congress of July 31, 1921, prohibits the interstate transportation of " any film or other pictorial representation of any prizefight or encounter of pugilists, under whatever name, which is designed to be used or may be used for purposes of exhibition."
And that the statute, which was a result of the Jeffries-Johnson fight, is unusually strict, in that it forbids any person to take anything from the mails, or from any express company or carrier, which is forbidden to be transported, and provides for a fine of $1,000 or a year at hard labor.
Since, however, it is not illegal to exhibit prizefight films, the law has become almost a dead letter, except in cases where an attempt has been made to import prizefight pictures into the United States, when a customs inspection can be made. The reason is that if the pictures can be successfully smuggled into a state, the government cannot prevent exhibition. Congress can regulate commerce, but it cannot prevent the showing of pictures any more than it could stop the sale of liquor before the Eighteenth Amendment.
Many attempts were made after the Willard-Johnson match at Havana to effect a lawful entry of the pictures of the fight. Finally, a camera was set up eight inches south of the boundary between New York and Canada. Eight inches north of the line a box was set up, and an original positive film of the fight pictures was run off through the box in front of an electric light. The camera and Canadian reel were so turned that an exact negative reproduction of the film was made. It was later rephotographed and a positive film was obtained for exhibition. It was argued that nothing was imported except rays of light, but the Federal Courts made short work of the argument.