The Miracle (Film)

Type of work: Film

Released: 1948

Director: Roberto Rossellini (1906-1977)

Script: Federico Fellini (1920-1993)

Subject matter: A peasant woman believes that the stranger who impregnates her is Saint Joseph and that her infant son is Jesus Christ

Significance: Controversy over this film in the United States led to a U.S. Supreme Court ruling that granted constitutional free expression protection to films for the first time

When The Miracle first appeared in Italy in 1948, the Roman Catholic church created a furor over its contents although it did not try to stop its exhibition. Adapted from a book written by Federico Fellini, the film was directed by Roberto Rossellini and starred Anna Magnani as the peasant woman whose drunken sexual encounter with a drifter (played by Fellini) resulted in her pregnancy. Believing the drifter to be Saint Joseph, the woman determines that a miracle has occurred and that she has given birth to Jesus Christ.

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In 1949 the film passed U.S. Customs and a New York censorship official licensed it. Its distributor, a Jewish Polish immigrant named Joseph Burstyn, did not show the film until 1950, when it played at New York City’s Paris Theatre. After the Roman Catholic Legion of Decency called the film a “sacrilegious and blasphemous mockery,” the New York City commissioner of licenses stopped the film’s exhibition. Burstyn then went to the state court, which ruled that the commissioner had no right to censor films in that way.

The Catholic church’s Cardinal Francis Spellman initiated a new attack on the film in January, 1951, with a condemnation that he ordered a statement to be read at masses in New York City’s churches. Calling the film a “vile and harmful” ridicule of the belief in miracles, Spellman requested all citizens to boycott, especially by economic means, all immoral films. Catholic organizations reacted by picketing the theater and threatening to bomb the building. The New York Board of Regents chairman, stating that the film had received hundreds of protests, appointed a review of The Miracle. Three regents deemed it “sacrilegious.” After closing the film, Burstyn went to court backed by a leading anticensorship lawyer, Ephraim London.

After a New York appeals court decided against Burstyn, the case of Joseph Burstyn, Inc. v. Wilson reached the U.S. Supreme Court in April, 1952. Using the concept that censorship by local authorities was not constitutional under the First Amendment, London argued that interference by the church altered church and state divisions. Within a month Associate Justice Tom C. Clark handed down the Court’s decision, stating that since films were an important means used in “the communication of ideas” they were protected by the Constitution’s free speech guarantees. Clark wrote that states could not “ban a film on the basis of a censor’s conclusion that it is ’sacrilegious.’” Justice Clark declared that the government had no right to decide what material was relevant nor to “suppress real or imagined attacks upon a religious doctrine” in any form of available media.