Everyone advises Pinky that she has no chance of winning, but she begs Miss Em's old friend, retired judge Walker, to defend her in court.
At the trial, despite hostile white spectators and the absence of Dr. Adams, the only defense witness, presiding judge Shoreham unexpectedly rules in Pinky's favor.
John Ford was originally hired to direct the film but was replaced after one week because producer Darryl F. Zanuck was unhappy with the dailies.
Elia Kazan, who assumed directing duties when John Ford was fired, was unhappy with the casting choice, and later said, "Jeanne Crain was a sweet girl, but she was like a Sunday school teacher.
Gelling booked Pinky for exhibition in February 1950, a year in which the First Amendment did not protect movies, subsequent to Mutual Film Corporation v. Industrial Commission of Ohio (1915).
Marshall's city commission "reactivated" the Board of Censors, established by a 1921 ordinance, and designated five members who demanded the submission of the picture for approval.
In a concurring opinion, Justice William O. Douglas wrote that the Marshall city ordinance was unconstitutional as it represented prior restraint on free speech.
If a board of censors can tell the American people what it is in their best interests to see or to read or to hear...then thought is regimented, authority substituted for liberty, and the great purpose of the First Amendment to keep uncontrolled the freedom of expression defeated."
In his own concurring opinion, Justice Felix Frankfurter wrote, "This ordinance offends the Due Process Clause of the Fourteenth Amendment on the score of indefiniteness.