"Tin Drum" Unbanned in Oklahoma

Federal judge says 1979 Oscar winner does not fit Oklahoma definition of child pornography

By Marcus Errico Oct 21, 1998 11:25 PMTags
Sure The Tin Drum may have won an Oscar, but that didn't mean Oklahomans could find the flick at their local Blockbuster.

See, the Volker Schlondorff film had been banned in the Sooner state since June 1997, when a state judge ruled it was pornographic under local law because it depicted a young boy about 7 years-old having oral sex with a teenage girl.

That ruling paved the way for police to raid video stores, libraries and even homes, seizing copies of the flick.

But on Tuesday, a federal judge in Oklahoma determined Tin Drum, named Best Foreign Film in 1979, was not pornographic.

In an 11-page decision, U.S. District Judge Ralph Thompson said the film does not meet Oklahoma's legal standard defining child pornography.

According to Oklahoma law, obscenity is any depiction of a person under 18, or anyone portraying someone under 18, having sex, that appeals to prurient interests.

The judge found that while some scenes may meet part of Oklahoma's child pornography definition, it does not meet the other half of the test because it doesn't appeal to prurient interests.

Back in December, Thompson ruled that the seizures were unconstitutional, and ordered the videos of Tin Drum (aka Die Blechtrommel)--the story of a young boy who arrests his development and beats his drum in protest of a Nazi-like regime--returned.