Pinky (film)

Type of work: Film

Released: 1949

Director: Elia Kazan (1909-    )

Subject matter: An African American woman who “passes” as white encounters prejudice in racially divided America

Significance: The banning of this controversial film in a small Texas town led to an important U.S. Supreme Court decision regarding due process

This film is a poignant look at racial attitudes in post World War II America. Jeanne Crain, a white actress, plays the title role of a “Negro” woman whose light skin allows her to be taken for “white.” Director Elia Kazan explores the Southern community to which she returns after living as a white in the North. Southerner prejudices are illuminated in scenes in which her treatment by townspeople instantly changes when they realize that she is a “Negro.” Northern prejudices also are illustrated by her fiancé, a white Boston doctor who loves her in spite of her color but realizes that their relationship cannot continue unless her race is kept secret.

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The local Board of Censors in Marshall, Texas, denied a license for the film’s release at a local theater. The owner showed the film anyway and was convicted of a misdemeanor. The ensuing legal case, Gelling v. Texas, reached the U.S. Supreme Court in 1951. The Court found that the board’s ability to deny licenses to films simply because their character was judged “prejudicial” to the interests of local citizens was a violation of the due process clause of the Fourteenth Amendment. The board’s action was found in a concurring opinion by Justice William O. Douglas to constitute prior restraint in which “thought is regimented, authority substituted for liberty, and the great purpose of the First Amendment to keep uncontrolled the freedom of expression defeated.”