Hubbry Logo
Hays CodeHays CodeMain
Open search
Hays Code
Community hub
Hays Code
logo
8 pages, 0 posts
0 subscribers
Be the first to start a discussion here.
Be the first to start a discussion here.
Contribute something
Hays Code
Hays Code
from Wikipedia

Motion Picture Production Code

The Motion Picture Production Code was a set of industry guidelines for the self-censorship of content that was applied to most motion pictures released by major studios in the United States from 1934 to 1968. It is also popularly known as the Hays Code, after Will H. Hays, president of the Motion Picture Producers and Distributors of America (MPPDA) from 1922 to 1945. Under Hays's leadership, the MPPDA, later the Motion Picture Association of America (MPAA) and the Motion Picture Association (MPA), adopted the Production Code in 1930 and began rigidly enforcing it in 1934. The Production Code spelled out acceptable and unacceptable content for motion pictures produced for a public audience in the United States.

From 1934 to 1954, the code was closely associated with Joseph Breen, the administrator appointed by Hays to enforce the code in Hollywood. The film industry followed the guidelines set by the code well into the late 1950s, but it began to weaken, owing to the combined impact of television, influence from foreign films, controversial directors (such as Otto Preminger) pushing boundaries, and intervention from the courts, including the U.S. Supreme Court.[1][2] In 1968, after several years of minimal enforcement, the Production Code was replaced by the MPAA film rating system.

Background

[edit]
Thou Shalt Not, a 1940 photo by Whitey Schafer deliberately subverting the Code's strictures
Thou Shalt Not, a 1940 photo by Whitey Schafer deliberately subverting some of the Code's strictures

In the 1920s, Hollywood was rocked by a number of notorious scandals, such as the murder of William Desmond Taylor and the alleged rape of Virginia Rappe by popular movie star Roscoe "Fatty" Arbuckle, which brought widespread condemnation from religious, civic and political organizations. Many felt that the film industry had always been morally questionable,[3] and political pressure was increasing, with legislators in 37 states introducing almost one hundred film censorship bills in 1921. In 1922, as they were faced with the prospect of having to comply with hundreds and potentially thousands of inconsistent, easily changed decency laws in order to show their films, the studios chose self-regulation as the preferable option, enlisting Presbyterian elder Will H. Hays, Postmaster General under former President Warren G. Harding and former head of the Republican National Committee,[4] to rehabilitate Hollywood's image. The move mimicked the decision that Major League Baseball had made in hiring judge Kenesaw Mountain Landis as League Commissioner the previous year to quell questions about the integrity of baseball in the wake of the 1919 World Series gambling scandal; The New York Times even called Hays the "screen Landis".[5] Hays was paid the lavish sum of $100,000 a year ($1.88 million in 2024),[6][7] and served for 25 years as president of the Motion Picture Producers and Distributors of America (MPPDA), where he "defended the industry from attacks, recited soothing nostrums, and negotiated treaties to cease hostilities".[6]

In 1924, Hays introduced a set of recommendations dubbed "the Formula", which the studios were advised to heed, and asked filmmakers to describe to his office the plots of films they were planning on producing.[8] In 1915, the Supreme Court had decided unanimously in Mutual Film Corporation v. Industrial Commission of Ohio that free speech did not extend to motion pictures.[9] While there had been token attempts to clean up the films before (such as when the studios formed the National Association of the Motion Picture Industry (NAMPI) in 1916), little had come of the efforts.[10] New York became the first state to take advantage of the Supreme Court's decision by instituting a censorship board in 1921. Virginia followed suit the following year,[11] with eight individual states having a board by the advent of sound film,[12][13] but many of these were ineffectual. By the 1920s, the New York stage, a frequent source of subsequent screen material, had topless shows, performances filled with curse words, adult subject matter, and sexually suggestive dialogue.[14] Early in the sound system conversion process, it became apparent that what was acceptable in New York might not be so in Kansas.[14] Filmmakers were facing the possibility that many states and cities would adopt their own codes of censorship, necessitating a multiplicity of versions of films made for national distribution. Self-censorship was deemed a preferable outcome.

In 1927, Hays suggested to studio executives that they form a committee to discuss film censorship. Irving G. Thalberg of Metro-Goldwyn-Mayer, Sol Wurtzel of Fox Film Corporation, and E. H. Allen of Paramount Pictures responded by collaborating on a list they called the "Don'ts and Be Carefuls", based on items that were challenged by local censor boards. This list consisted of eleven subjects best avoided and twenty-six to be handled very carefully. The list was approved by the Federal Trade Commission (FTC), and Hays created the Studio Relations Committee (SRC) to oversee its implementation;[15][16] however, there was still no way to enforce tenets.[5] The controversy surrounding film standards came to a head in 1929.[17][18]

Pre-Code

[edit]

In a resolution passed on June 29, 1927, the MPPDA codified lists of "don'ts" and "be carefuls" into what they colloquially called their "Magna Charta".[19] Many of these would later become key points in the Code.[20]

Don'ts

[edit]

"Those things which are included in the following list shall not appear in pictures produced by the members of this Association, irrespective of the manner in which they are treated":[19]

  1. Pointed profanity—by either title or lip—this includes the words God, Lord, Jesus, Christ (unless they be used reverently in connection with proper religious ceremonies), Hell, S.O.B., damn, Gawd, and every other profane and vulgar expression however it may be spelled;
  2. Any licentious or suggestive nudity—in fact or in silhouette; and any lecherous or licentious notice thereof by other characters in the picture;
  3. The illegal traffic in drugs;
  4. Any inference of sex perversion;
  5. White slavery;
  6. Miscegenation;
  7. Sex hygiene and venereal diseases;
  8. Scenes of actual childbirth—in fact or in silhouette;
  9. Children's sex organs;
  10. Ridicule of the clergy;
  11. Willful offense to any nation, race or creed;

Be Carefuls

[edit]

"Special care [must] be exercised in the manner in which the following subjects are treated, to the end that vulgarity and suggestiveness may be eliminated and that good taste may be emphasized":[19]

  1. The use of the Flag;
  2. International Relations (avoid picturizing in an unfavorable light another country's religion, history, institutions, prominent people and citizenry);
  3. Religion and religious ceremonies;
  4. Arson;
  5. The use of firearms;
  6. Theft, robbery, safe-cracking, and dynamiting of trains, mines, buildings, et cetera (having in mind the effect which a too-detailed description of these may have upon the moron);
  7. Brutality and possible gruesomeness;
  8. Technique of committing murder by whatever method;
  9. Methods of smuggling;
  10. Third-Degree methods;
  11. Actual hangings or electrocutions as legal punishment for crime;
  12. Sympathy for criminals;
  13. Attitude toward public characters and institutions;
  14. Sedition;
  15. Apparent cruelty to children and animals;
  16. Branding of people or animals;
  17. The sale of women, or of a woman selling her virtue;
  18. Rape or attempted rape;
  19. First-night scenes;
  20. Man and woman in bed together;
  21. Deliberate seduction of girls;
  22. The institution of marriage;
  23. Surgical operations;
  24. The use of drugs;
  25. Titles or scenes having to do with law enforcement or law-enforcing officers;
  26. Excessive or lustful kissing, particularly when one character or the other is a "heavy".

Creation

[edit]

In 1929, Catholic layman Martin Quigley, editor of the prominent trade paper Motion Picture Herald, and Jesuit priest Father Daniel A. Lord, created a code of standards[21] and submitted it to the studios.[6][22] Lord was particularly concerned with the effects of sound film on children, whom he considered especially susceptible to their allure.[21] In February 1930, several studio heads, including Irving Thalberg of Metro-Goldwyn-Mayer, met with Lord and Quigley. After some revisions, they agreed to the stipulations of the Code. One of the main motivating factors in adopting the Code was to avoid direct government intervention.[23] It was the responsibility of the SRC (Studio Relations Committee, precursor to the PCA),[24] headed by Colonel Jason S. Joy, a former American Red Cross Executive Secretary,[15][25] to supervise film production and advise the studios when changes or cuts were required.[26][27] On March 31, the MPPDA agreed it would abide by the Code.[28] The production code was intended to put a limitation on films which were distributed to a large audience, making it more difficult to appeal to all individuals in the audiences.[29]

Contents

[edit]

The code was divided into two parts. The first was a set of "general principles" which prohibited a picture from "lowering the moral standards of those who see it", so as not to wrongly influence a specific audience of viewers including women, children, lower-class, and those of "susceptible" minds, called for depictions of the "correct standards of life", and lastly forbade a picture to show any sort of ridicule towards a law or "creating sympathy for its violation".[30] The second part was a set of "particular applications", which was an exacting list of items that could not be depicted. Some restrictions, such as the ban on homosexuality or on the use of specific curse words, were never directly mentioned, but were assumed to be understood without clear demarcation. The Code also contained an addendum commonly referred to as the Advertising Code, which regulated advertising copy and imagery.[31]

Homosexuals were de facto included under the proscription of sex perversion,[32] and the depiction of miscegenation (by 1934, defined only as sexual relationships between black and white races) was forbidden.[33] It also stated that the notion of an "adults-only policy" would be a dubious, ineffective strategy that would be difficult to enforce;[34] however, it did allow that "maturer minds may easily understand and accept without harm subject matter in plots which does younger people positive harm".[35] If children were supervised and the events implied elliptically, the code allowed "the possibility of a cinematically inspired thought crime".[35]

The code sought not only to determine what could be portrayed on screen, but also to promote traditional values.[36] Sexual relations outside marriage, which were forbidden to be portrayed as attractive or beautiful, were to be presented in a way that would not arouse passion or make them seem permissible.[37] Any sexual act considered perverted, including any suggestion of same-sex relationships, sex or romance, was ruled out.[32]

All criminal action had to be punished, and neither the crime nor the criminal could elicit sympathy from the audience,[5] or the audience must at least be aware that such behavior is wrong, usually through "compensating moral value".[30][38] Authority figures had to be treated with respect, and the clergy could not be portrayed as comic characters or villains. Under some circumstances, politicians, police officers, and judges could be villains, as long as it was clear that those individuals portrayed as villains were the exceptions to the rule.[39]

The entire document was written with Catholic undertones, and stated that art must be handled carefully because it could be "morally evil in its effects", and its "deep moral significance" was unquestionable.[34] It was initially decided to keep the Catholic influence on the Code secret.[40] A recurring theme was "that throughout, the audience feels sure that evil is wrong, and good is right".[5]

Enforcement

[edit]

Pre-Code Hollywood

[edit]
The Kiss (1896), starring May Irwin, from the Edison Studios, drew general outrage from moviegoers, civic leaders, and religious leaders, as shocking, obscene, and immoral.
A famous shot from the 1903 film The Great Train Robbery. Scenes where criminals aimed guns at the camera were considered inappropriate by the New York state censor board in the 1920s, and usually removed.[41]

On February 19, 1930, Variety published the entire content of the Code, and predicted that state film censorship boards would soon become obsolete;[42] however, the men obliged to enforce the code—Jason Joy (head of the committee until 1932) and his successor, James Wingate—were generally unenthusiastic and/or ineffective.[27][43] The Blue Angel, the first film the office reviewed, which was passed by Joy with no revisions, was considered indecent by a California censor.[43] Although there were several instances where Joy negotiated cuts from films and there were definite—albeit loose—constraints, a significant amount of lurid material made it to the screen.[44] Joy had to review 500 films a year with a small staff and little power.[43] He was more willing to work with the studios, and his creative writing skills led to his hiring at Fox. On the other hand, Wingate struggled to keep up with the flood of scripts coming in, to the point where Warner Bros.' head of production Darryl Zanuck wrote him a letter imploring him to pick up the pace.[45] In 1930, the Hays office did not have the authority to order studios to remove material from a film, and instead worked by reasoning and sometimes pleading with them.[46] Complicating matters, the appeals process ultimately put the responsibility for making the final decision in the hands of the studios.[27]

Actor Boris Karloff as Doctor Frankenstein's creation in the 1931 film Frankenstein. By the time the film's sequel, Bride of Frankenstein, arrived in 1935, enforcement of the Code was in full effect, and the doctor's overt God complex was forbidden.[47] In the first picture, however, when the creature was born, his mad scientist creator was free to proclaim "Now I know what it feels like to be God!"[48]
From Cecil B. DeMille's The Sign of the Cross (1932)

One factor in ignoring the code was the fact that some found such censorship prudish, owing to the libertine social attitudes of the 1920s and early 1930s. This was a period in which the Victorian era was sometimes ridiculed as being naïve and backward.[49] When the Code was announced, the liberal periodical The Nation attacked it,[42] stating that if crime were never to be presented in a sympathetic light, then taken literally that would mean that "law" and "justice" would become one and the same; therefore, events such as the Boston Tea Party could not be portrayed. If clergy must always be presented in a positive way, then hypocrisy could not be dealt with either.[42] The Outlook agreed and, unlike Variety, predicted from the beginning that the Code would be difficult to enforce.[42] The Great Depression of the 1930s led many studios to seek income by any way possible. Since films containing racy and violent content resulted in high ticket sales, it seemed reasonable to continue producing such films.[50] Soon, the flouting of the code became an open secret. In 1931, The Hollywood Reporter mocked the code and quoted an anonymous screenwriter saying that "the Hays moral code is not even a joke any more; it's just a memory"; two years later Variety followed suit.[27]

Breen era

[edit]

On June 13, 1934, an amendment to the Code was adopted, which established the Production Code Administration (PCA) and required all films released on or after July 1, 1934, to obtain a certificate of approval before being released. The PCA had two offices: one in Hollywood and the other in New York City. The first film to receive an MPPDA seal of approval was The World Moves On (1934). For over 30 years, virtually all motion pictures produced in the United States adhered to the code.[51] The Production Code was not created or enforced by federal, state, or city government; the Hollywood studios adopted the code in large part in the hopes of avoiding government censorship, preferring self-regulation to government regulation.

Father Daniel A. Lord, a Jesuit, wrote: "Silent smut had been bad. Vocal smut cried to the censors for vengeance." Thomas Doherty, Professor of American studies at Brandeis University, has defined the code as "no mere list of Thou-Shalt-Nots, but a homily that sought to yoke Catholic doctrine to Hollywood formula. The guilty are punished, the virtuous rewarded, the authority of church and state is legitimate, and the bonds of matrimony are sacred."[51] What resulted has been described as "a Jewish-owned business selling Roman Catholic theology to Protestant America".[52]

Joseph I. Breen, a prominent Catholic layman who had worked in public relations, was appointed head of the PCA. Under Breen's leadership, which lasted until his retirement in 1954, enforcement of the Production Code became notoriously rigid. Even cartoon sex symbol Betty Boop had to change her characteristic flapper personality and dress, adopting an old-fashioned, near-matronly appearance. However, by 1934, the prohibition against miscegenation was defined only as sexual relationships between black and white races.[53]

The first major instance of censorship under the Production Code involved the 1934 film Tarzan and His Mate, in which brief nude scenes involving a body double for actress Maureen O'Sullivan were edited out of the master negative of the film.[54] By the time the Code became fully functional by January 1935, several films from the pre-Code era and the transition period beginning in July 1934 were pulled from release exchanges (with some of them never seeing public release again), which led studios to remake some of its early 1930s-era films in later years: 1941 saw the release of remakes of The Maltese Falcon and Dr. Jekyll and Mr. Hyde, both having had very different pre-Code versions released ten years prior.

The Hays Code also required changes regarding adaptations of other media. For instance, Alfred Hitchcock's Rebecca could not retain a major element from Daphne du Maurier's 1938 novel where the narrator discovers that her husband (the aristocratic widower Maxim de Winter) killed his first wife (the titular Rebecca) and she makes light of it, since it followed Rebecca having strongly provoked and taunted him. As having a major character get away with murder and living happily ever after would have been a flagrant violation of the Code, Hitchcock's version had Rebecca die in an accident with Maxim de Winter being only guilty for hiding the facts of her death.[55] The 2020 remake, not bound by the Code, restored du Maurier's original plot element.

The PCA also engaged in political censorship. When Warner Bros. wanted to make a film about Nazi concentration camps, the production office forbade it, citing the prohibition on depicting "in an unfavorable light" another country's "institutions [and] prominent people", with threats to take the matter to the federal government if the studio went ahead.[56] This policy prevented a number of anti-Nazi films being produced. In 1938, the FBI unearthed and prosecuted a Nazi spy ring, subsequently allowing Warner to produce Confessions of a Nazi Spy (1939),[57] with The Three Stooges' short subject You Nazty Spy! (1940) being the first Hollywood film of any sort to openly spoof the Third Reich's leadership,[58] followed soon after by The Great Dictator.

Breen's power to change scripts and scenes angered many writers, directors and Hollywood moguls. Breen influenced the production of Casablanca (1942), objecting to any explicit reference to Rick and Ilsa having slept together in Paris, and to the film mentioning that Captain Renault extorted sexual favors from his supplicants; ultimately, both remained strongly implied in the finished version.[59] Adherence to the Code also ruled out any possibility of the film ending with Rick and Ilsa consummating their adulterous love, making inevitable the ending with Rick's noble renunciation, one of Casablanca's most famous scenes.[60][61]

Some directors found ways to get around the Code guidelines; an example of this was in Alfred Hitchcock's 1946 film Notorious, where he worked around the rule of three-second-kissing by having the two actors break off every three seconds. The whole sequence lasts two and a half minutes.[1]

Some of Hollywood's creative class managed to find positives in the Code's limitations however. Director Edward Dmytryk later said that the Code "had a very good effect because it made us think. If we wanted to get something across that was censorable... we had to do it deviously. We had to be clever. And it usually turned out to be much better than if we had done it straight."[62]

Outside the mainstream studio system, the code was sometimes flouted by Poverty Row studios, while exploitation film presenters operating on the territorial (state-rights) distribution system openly violated it through the use of loopholes, masquerading the films as morality tales or muckraking exposés. One example of this is Child Bride (1938), which featured a nude scene involving a twelve-year-old child actress (Shirley Mills).

Newsreels were mostly exempt from the Code, although their content was mostly toned down by the end of 1934 as the result of public outrage over the coverage of the killings of John Dillinger in July, and of "Baby Face" Nelson and three girls in the Blue Ridge Mountains, the latter two occurring during the same week in November,[63] not deviating much from the Code until World War II.

However, the most famous defiance of the code was the case of The Outlaw, a western produced by Howard Hughes, which was denied a certificate of approval after it was completed in 1941 since the film's advertising focused particular attention on Jane Russell's breasts. When the film's initial 1943 release was shuttered by the MPPDA after a week, Hughes eventually persuaded Breen that this did not violate the code and the film could be shown, although without a seal of approval. The film eventually got a general release in 1946.[64] The David O. Selznick production Duel in the Sun was also released in 1946 without the approval of the Hays Office, featuring several on-screen deaths, adultery and displays of lust.

The financial success of both films became deciding factors in the weakening of the Code in the late 1940s, when the formerly taboo subjects of rape and miscegenation were allowed in Johnny Belinda (1948) and Pinky (1949), respectively. In 1951, the MPAA revised the code to make it more rigid, spelling out more words and subjects that were prohibited. That same year however, MGM head Louis B. Mayer, one of Breen's foremost allies, was ousted after a series of disputes with the studio's production head, Dore Schary, whose preference for gritty "social realism" films was often at odds with the Hays Office. In 1954, Breen retired, largely because of ill health, and Geoffrey Shurlock was appointed as his successor.[65]

Post-Breen era

[edit]

Hollywood continued to work within the confines of the Production Code throughout the late 1940s and 1950s, but during this time, the film industry was faced with very serious competitive threats. The first threat came from television, a new technology that did not require Americans to leave their houses to see motion pictures. Hollywood needed to offer the public something it could not get on television, which itself was under an even more restrictive censorship code.

In addition to the threat of television, the industry was enduring a period of economic difficulties that were compounded by the result of United States v. Paramount Pictures, Inc. (1948), in which the Supreme Court outlawed vertical integration as it had been found to violate anti-trust laws, and studios were not only forced to give up ownership of theaters, but they were also unable to control what exhibitors offered.[66]

This led to increasing competition from foreign films which were not bound by the Code, such as Vittorio De Sica's Bicycle Thieves (1948), released in the United States in 1949. In 1950, film distributor Joseph Burstyn released The Ways of Love, which included The Miracle, a short film originally part of L'Amore (1948), an anthology film directed by Roberto Rossellini. This segment was considered to mock the Nativity, so the New York State Board of Regents (in charge of film censorship in the state) revoked the film's license. The ensuing lawsuit, Joseph Burstyn, Inc. v. Wilson (dubbed the "Miracle Decision"), was resolved by the Supreme Court in 1952, which unanimously overruled its 1915 decision (Mutual Film Corporation v. Industrial Commission of Ohio), and held that motion pictures were entitled to First Amendment protection, and thus the short could not be banned. This reduced the threat of government regulation, which had formerly been cited as justification for the Production Code, and the PCA's powers over the Hollywood industry were greatly reduced.[2]

U.S. theatrical advertisement from 1955 for Ingmar Bergman's Summer with Monika (1953)

Two Swedish films, One Summer of Happiness (1951), and Ingmar Bergman's Summer with Monika (1953) were released in 1955 as exploitation movies, their success leading to a wave of sexually-provocative European product reaching American theaters. Some British films, such as Victim (1961), A Taste of Honey (1961), and The Leather Boys (1964), challenged traditional gender roles, and openly confronted the prejudices against homosexuals, all in clear violation of the Hollywood Production Code.

Furthermore, the postwar years saw a gradual, if moderate, liberalization of American culture. A boycott by the National Legion of Decency no longer guaranteed a film's commercial failure (to the point several films were no longer condemned by the Legion by the 1950s), and several aspects of the Code had slowly lost their taboo. In 1956, areas of the Code were rewritten to accept subjects such as miscegenation, adultery, and prostitution. For example, a proposed remake of Anna Christie, a pre-Code film dealing with prostitution, was canceled by MGM twice, in 1940 and in 1946, as the character Anna was not allowed to be portrayed as a prostitute. By 1962, such subject matter was acceptable, and the original film was given a seal of approval.[67]

Two 1956 films, The Bad Seed and Baby Doll, generated great controversy involving the PCA. The first dealt with the deaths of children, including that of the "wicked child" protagonist Rhoda at the end, which had been the result of changing the ending from the original novel to abide with the Code's "crime must not pay" rule. On the other hand, the second film was vociferously attacked by religious and moral leaders, partly because of its provocative publicity, while the MPAA attracted great criticism for approving a film that ridiculed law enforcement and often used racial epithets. However, the Legion's condemnation of the film did not attract a unified response from religious authorities, some of which considered that other films, including The Ten Commandments (released that same year), had a similar amount and intensity of sensuous content.[68][69]

U.S. art-house advertisements from the 1950s. Many Americans at the time turned towards racier and more provocative foreign films, which remained largely free from code restrictions.[70]

During the 1950s, studios found ways of both complying with the code, while at the same time circumventing it.[71] In 1956, Columbia acquired an art-house distributor, Kingsley Productions, that specialized in importing foreign art films, in order to distribute and capitalize on the notoriety of the film And God Created Woman (1956). Columbia's agreement with the MPAA forbade it from distributing a film without a seal of approval, but the agreement did not specify what a subsidiary could do. Thus, exempt from the rules imposed by the code, subsidiary distributors were utilized, and even created by major studios such as Columbia, in order to defy and weaken the code.[72] United Artists followed suit and bought art film distributor Lopert Films in 1958, and within a decade all the major studios were distributing foreign art films.[73]

Author Peter Lev writes:

Explicit sexuality became expected in foreign films, to such an extent that "foreign film", "art film", "adult film" and "sex film" were for several years almost synonyms.[74]

Beginning in the late 1950s, increasingly explicit films began to appear, such as Cat on a Hot Tin Roof (1958), Suddenly, Last Summer (1959), Psycho (1960), and The Dark at the Top of the Stairs (1960), often dealing with adult subjects and sexual matters that had not been seen in Hollywood films since enforcement of the Production Code began in 1934. The MPAA reluctantly granted the seal of approval for these films, although not until certain changes were made.[75][76] Owing to its themes, Billy Wilder's Some Like It Hot (1959) was not granted a certificate of approval, but still became a box office smash, and as a result, it further weakened the authority of the Code.[77]

At the forefront of contesting the Code was director Otto Preminger, whose films violated the Code repeatedly in the 1950s. His 1953 film The Moon Is Blue, about a young woman who tries to play two suitors off against each other by claiming that she plans to keep her virginity until marriage, was released without a certificate of approval by United Artists, the first production distributed by a member of the MPAA to do so. Preminger later made The Man with the Golden Arm (1955), which portrayed the prohibited subject of drug abuse, and Anatomy of a Murder (1959), which dealt with murder and rape. Like Some Like It Hot, Preminger's films were direct assaults on the authority of the Production Code, and their success hastened its abandonment.[77]

In 1964, the Holocaust film The Pawnbroker, directed by Sidney Lumet and starring Rod Steiger, was initially rejected because of two scenes in which actresses Linda Geiser and Thelma Oliver fully expose their breasts, and also because of a sex scene between Oliver and Jaime Sánchez that was described as "unacceptably sex suggestive and lustful". Despite the rejection, the film's producers arranged for Allied Artists to release the film without the Production Code seal, with the New York censors licensing the film without the cuts demanded by Code administrators. The producers appealed the rejection to the MPAA. On a 6–3 vote, the MPAA granted the film an exception, conditional on "reduction in the length of the scenes which the Production Code Administration found unapprovable". The requested reductions of nudity were minimal, and the outcome was viewed in the media as a victory for the film's producers.[78]

The Pawnbroker was the first film featuring bare breasts to receive Production Code approval. The exception to the code was granted as a "special and unique case" and was described by The New York Times at the time as "an unprecedented move that will not, however, set a precedent". In Pictures at a Revolution, a 2008 study of films during that era, Mark Harris wrote that the MPAA approval was "the first of a series of injuries to the Production Code that would prove fatal within three years".[79]

Abandonment

[edit]

In 1963, MPAA president Eric Johnston, who had previously "liberalized" the Code, died. The next three years were marked by a power struggle between two factions, which led to an erratic application of the Code. Finally, the "liberal" faction prevailed by 1966, installing Jack Valenti as the Association's new head. The chaos of the interim period had rendered enforcement impossible and Valenti, an opponent of the Production Code, began working on a rating system under which film restrictions would lessen, an idea that had been considered as early as 1960 in response to the success of the non-approved Some Like It Hot and Anatomy of a Murder.[citation needed]

In 1966, Warner Bros. released Who's Afraid of Virginia Woolf?, the first film to feature the "Suggested for Mature Audiences" (SMA) label. As the PCA board was divided about censoring the film's explicit language, Valenti negotiated a compromise: the word "screw" was removed, but other language remained, including the phrase "hump the hostess". The film received Production Code approval despite the previously prohibited language.[30]

That same year, the British-produced, American-financed film Blowup was denied Production Code approval for its various instances of nudity, foreplay and intercourse. Metro-Goldwyn-Mayer released it anyway, under a specially created pseudonym, Premier Productions. This was the first instance of an MPAA member company directly producing a film without an approval certificate. Also, the original, lengthy code was replaced by a list of eleven points outlining that the boundaries of the new code would be current community standards and good taste. Any film containing content deemed suitable for older audiences would feature the SMA label in its advertising. With the creation of this new label, the MPAA unofficially began classifying films.[30]

The MPAA film rating system went into effect on November 1, 1968, with the four rating symbols: "G" meaning suggested for general exhibition (persons of all ages admitted), "M" meaning suggested for mature audiences, "R" meaning suggested as restricted (persons under 16 not admitted unless accompanied by a parent or adult guardian), and "X" meaning persons under 16 would not be admitted. By the end of 1968, Geoffrey Shurlock stepped down from his post, and the PCA effectively dissolved, being replaced by the Code and Rating Administration (CARA), headed by Eugene Dougherty. The CARA would replace "Code" with "Classification" in 1978.[30][80]

In 1969, the Swedish film I Am Curious (Yellow), directed by Vilgot Sjöman, was initially banned in the U.S. for its frank depiction of sexuality; however, this was overturned by the Supreme Court. In 1970, because of confusion over the meaning of "mature audiences", the M rating was changed to "GP" meaning "for general exhibition, but parental guidance is suggested", then in 1972 to the current "PG", for "parental guidance suggested". In 1984, in response to public complaints regarding the severity of horror elements in PG-rated titles such as Gremlins and Indiana Jones and the Temple of Doom, the "PG-13" rating was created as a middle tier between PG and R. In 1990, the X rating was replaced by "NC-17" (under 17 not admitted) because of the former's stigma, being associated with pornography; as the X rating was not trademarked by the MPAA (which expected producers would prefer to self-rate such product), it was soon appropriated by adult bookstores and theaters, which marketed their products as being rated X, XX and XXX.[81]

As the American Humane Association depended on the Hays Office for the right to monitor the sets used for production, the closure of the Hays Office in 1966 also corresponded with an increase in animal cruelty on sets. The association did not regain its access until 1980.[82]

See also

[edit]

Notes

[edit]

Sources

[edit]

Further reading

[edit]
[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia
The Motion Picture Production Code, commonly referred to as the , was a system of self-imposed moral guidelines adopted in 1930 by the Motion Picture Producers and Distributors of America (MPPDA), the trade association representing major Hollywood studios, to regulate content in American films and avert potential government . Named after , the MPPDA's president from 1922 to 1945, the Code articulated general principles requiring that no film lower the moral standards of viewers and that depictions of life adhere to "correct" ethical norms, while imposing specific prohibitions against , , , miscegenation, and sympathetic portrayals of crime or immorality. Strict enforcement commenced in 1934 through the newly formed Production Code Administration (PCA), directed by , which scrutinized scripts, story treatments, and completed films, granting a seal of approval essential for national distribution and imposing fines up to $25,000 for violations by MPPDA members. This rigorous oversight, spurred by boycotts from groups like the Catholic Legion of Decency, reshaped Hollywood's output during and 1940s, compelling filmmakers to employ indirect narrative techniques—such as visual metaphors and double entendres—to convey restricted themes while complying with the Code's dictates. Though effective in standardizing industry practices and safeguarding profits from moral backlash, the Code faced mounting challenges in the postwar era amid evolving social attitudes, rulings affirming films as protected speech, and producer demands for greater creative latitude, culminating in its replacement by the MPAA's voluntary ratings system in 1968.

Origins and Development

Pre-Code Hollywood and Public Moral Concerns

![Sacrifice in the Colosseum from Cecil B. DeMille's The Sign of the Cross (1932), featuring sensational depictions that fueled moral debates]float-right The Pre-Code era in Hollywood, roughly spanning 1929 to 1934, emerged following the widespread adoption of synchronized sound films, which began with The Jazz Singer on October 6, 1927, enabling more explicit dialogue, innuendo, and portrayals of taboo subjects. This period saw studios producing content that challenged prevailing moral standards, including sympathetic depictions of criminals, adulterous relationships, prostitution, and graphic violence, reflecting the cynicism of the Great Depression. Gangster films like Little Caesar (1930) and The Public Enemy (1931) glorified anti-heroes and brutality, while sex comedies and dramas such as Baby Face (1933) openly explored female sexuality and exploitation. Horror entries including Frankenstein (1931) amplified fears through shocking visuals of monstrosity and death. Public moral concerns intensified in the late 1920s and early 1930s, driven by perceptions that films promoted degeneracy, undermined family values, and corrupted youth through excessive sex and violence. Trade publication Variety documented that from 1932 to 1933, 352 out of 440 reviewed films carried a "sex slant," with 145 featuring "questionable sequences" and 44 showing "perversion." Religious and civic groups, including Protestants and Catholics, decried these trends; notable examples include backlash against Marlene Dietrich's cross-dressing kiss in Morocco (1930) and lingerie-clad nurses in Night Nurse (1931). High-profile scandals, such as the 1921 Fatty Arbuckle trial, had earlier heightened scrutiny, prompting the industry's formation of the Motion Picture Producers and Distributors of America (MPPDA) in 1922 under Will Hays to preempt government censorship. These pressures culminated in organized campaigns, with the Catholic Legion of Decency founded in 1933 explicitly labeling Hollywood output a "menace to " and urging boycotts of "salacious" pictures like Baby Face. Local censors and reformers argued that unchecked depictions of vice and crime not only titillated audiences but also normalized antisocial behavior, fueling demands for stricter oversight amid fears of societal decay. Despite early self-regulatory efforts, including a 1927 "don'ts and be-carefuls" list that was largely ignored, the lax enforcement during the Pre-Code years exposed the MPPDA's limitations, setting the stage for more rigorous code implementation.

Formation of Industry Self-Regulation

In 1922, amid escalating concerns from religious organizations, women's groups, and state legislatures over depictions of immorality in films, the major Hollywood studios formed the Motion Picture Producers and Distributors of America (MPPDA) as a to coordinate industry responses and preempt external . The MPPDA's charter, filed on March 10 in , empowered it to standardize business practices, lobby against restrictive laws, and oversee voluntary content guidelines among its members, which included all principal producers and distributors. This self-regulatory framework was explicitly designed to demonstrate industry accountability, with leaders arguing that internal controls would safeguard while addressing public demands for decency. To helm the MPPDA, studio executives appointed , a seasoned Republican operative who had chaired the from 1918 to 1921 and briefly served as U.S. in 1922. Hays assumed the presidency in June 1922 on a $100,000 annual salary—later increased to $150,000—leveraging his Washington connections to mediate with critics and federal officials. His mandate focused on elevating the industry's moral reputation through pre-production script reviews and post-release monitoring, though initial efforts emphasized publicity and arbitration over strict content policing. Hays' early initiatives included issuing a "Formula of Principles for Self-Regulation" in 1924, followed by the more detailed "Thirteen Points" and "Don'ts and Be Carefuls" lists by 1927, which outlined prohibitions on , , and sympathetic portrayals of while urging caution with themes like miscegenation and venereal disease. These measures, distributed to producers via the MPPDA's studio relations department, represented the first formalized attempt at uniform but lacked binding enforcement mechanisms, allowing widespread non-compliance during the late silent and early sound eras. Compliance was further incentivized by Hays' negotiation of the Standard Exhibition Contract, which tied distributors' access to theaters to adherence with MPPDA standards.

Drafting and Formal Adoption

In late 1929, Martin Quigley, editor of Motion Picture Herald and a prominent Catholic layman advocating for moral standards in , collaborated with Jesuit priest Father Daniel A. Lord to draft a formal code of production ethics for the motion picture industry. Quigley enlisted Lord through intermediaries including Father FitzGeorge Dinneen and of , amid growing pressure from religious groups concerned over film content. Lord, drawing from Catholic moral teachings such as the sanctity of marriage and the Ten Commandments, prepared an initial draft in following a meeting in , completing it by the end of 1929. On February 10, 1930, presented the draft to Hollywood executives at a meeting presided over by Will Hays, president of the Motion Picture Producers and Distributors of America (MPPDA). The document outlined general principles and specific prohibitions aimed at self-regulation to avert external , reflecting input from industry leaders while incorporating the drafters' ethical framework. With minor revisions, the code received approval from studio heads, who recognized the need to address public criticisms of immorality in films. The Motion Picture Production Code was formally adopted by the MPPDA on March 31, 1930, when industry leaders agreed to abide by its guidelines. This adoption marked the culmination of efforts to establish voluntary industry standards, signed by representatives of major studios to promote content deemed morally suitable for mass audiences. The code's Catholic-inspired authorship remained confidential initially to ensure broader acceptance within the secular industry.

Core Provisions

Fundamental Principles

The Motion Picture Production Code, commonly known as the Hays Code, commenced with three general principles intended to guide the moral content of films produced by Hollywood studios. These principles, formulated in 1930 by the Motion Picture Producers and Distributors of America (MPPDA) under , emphasized upholding societal standards of decency and legality to preempt external . The first principle stated: "No picture shall be produced that will lower the moral standards of those who see it. Hence the sympathy of the audience should never be thrown to the side of , 'wrongdoing,' or ." This directive aimed to prevent depictions that glamorized or elicited undue audience identification with immoral characters, reflecting concerns over films influencing public behavior amid rising pre-Code era permissiveness. The second principle required: "Correct standards of life, subject only to the requirements of drama, shall be presented." It permitted dramatic necessities but mandated that portrayals align with prevailing ethical norms, ensuring that did not deviate from realistic or aspirational moral conduct except where plot exigencies demanded temporary lapses resolved positively. The third principle affirmed: "Law, natural or human, shall not be belittled, nor shall the sympathy of the audience be thrown to the side of , 'wrongdoing,' or ." This reinforced respect for legal and , prohibiting narratives that undermined statutes or , a provision influenced by religious and civic groups advocating for cinematic reinforcement of order.

Specific Restrictions and Guidelines

The Motion Picture Production Code delineated specific restrictions across categories such as , nudity, , , and to enforce moral standards in content. These guidelines, appended to the code's general principles, prohibited sympathetic portrayals of immorality and required that violations of or lead to retribution or . In matters of sex and marital relations, the code required upholding the sanctity of and home life, depicting only after legal decree and never as desirable if it weakened marital bonds. and illicit sexual relations were to be presented as causing inevitable retribution or , without glorification or suggestion of pleasure, and scenes of passion were limited to avoid prolonged or lustful embraces. Sexual perversion, including , or any inference to it was forbidden, as was miscegenation (interracial sexual relationships) or . Children's sex organs could not be exposed at any time. Nudity and semi-nudity were strictly regulated: complete was never permitted in fact, , or suggestion; undressing scenes were to be avoided, with any necessary ones conducted discreetly; and scenes of actual use or implied use were prohibited. Costumes had to avoid emphasizing or focusing on the sex organs through clinging fabrics or transparency, and statues or paintings in films could not be unduly emphasized if semi-nude. Regarding , no film or could ridicule any religious honestly portrayed; ministers of religion were not to be used as , villains, or sources of derision except when integral to a serious plot; and religious ceremonies, whether fictional or actual, could not be parodied, burlesqued, or thrown into disrespect. and obscenity prohibitions banned pointed (such as "," "," "," or "damn" except in reverence or necessity) and every substitute for profanity, including minced oaths; obscene or dialogue implying sexual relations was forbidden; and suggestive or licentious dances, gestures, or postures were not allowed. Under crime and wrongdoing, sympathy could not be created for criminals through portrayal or dialogue; methods of were not to be detailed explicitly; illegal drug traffic, , or violation was not to be presented except as denouncing them; and firearms were restricted in number, not shown in quantity or used to excess. Brutality and or humans were to be avoided unless essential to the plot and not lingered upon. Additional guidelines addressed titles, , and national feelings: suggestive, erotic, or blasphemous titles were prohibited; habitual use of or hallucinatory drugs could not be shown except to deter; and nothing could be shown that would lower the standards of any or race, with flags or national symbols treated respectfully.

Enforcement Structure

Establishment of the Production Code Administration

In 1934, amid intensifying criticism from religious organizations over perceived moral laxity in films during the early , , president of the Motion Picture Producers and Distributors of America (MPPDA), restructured enforcement mechanisms for the 1930 Production Code by creating the Production Code Administration (PCA). This move responded to campaigns by groups like the newly formed , established in April 1934 by Catholic bishops to rate and objectionable movies, which threatened significant box-office losses through mass pledges signed by millions of Catholics. The MPPDA board approved the PCA's formation on June 13, 1934, as an amendment to the Code, mandating that member studios submit scripts and final cuts for review and distribute only approved films bearing a PCA seal. Joseph I. Breen, a devout Catholic and former public relations director for the National Catholic Welfare Conference, was appointed director of the PCA, a position he held until 1954. Breen's selection reflected the industry's strategy to align with Catholic moral standards, as he had previously consulted on revisions and maintained close ties to the Legion of Decency, facilitating coordinated censorship efforts. The PCA operated from offices in Hollywood, employing a small staff of readers and advisors to scrutinize content for violations, with authority to demand reshoots, cuts, or dialogue changes; non-compliance risked fines up to $25,000 per offense, enforced through MPPDA membership agreements that controlled access to major theaters. The PCA's establishment marked the shift from voluntary guidelines to mandatory self-regulation, averting federal intervention while prioritizing over unfettered creative expression. By July 1, 1934, full enforcement took effect, requiring PCA certification for all MPPDA releases and effectively ending the "Pre-Code" era of relatively permissive filmmaking. This structure empowered Breen to wield substantial influence, reviewing thousands of scripts annually and collaborating with studio heads to preempt controversies, though it drew internal industry resistance for its rigidity.

Key Figures and Operational Methods

Will H. Hays, president of the Motion Picture Producers and Distributors of America (MPPDA) from 1922 to 1945, oversaw the initial adoption of the Production Code in 1930 and its stricter enforcement starting in 1934 through the newly formed Production Code Administration (PCA). In this capacity, Hays appointed Joseph I. Breen as the PCA's first director, empowering him to implement the Code's guidelines across Hollywood productions. Breen, an Irish Catholic layman with prior experience in and , directed the PCA from July 1934 until his retirement in 1954, exerting significant influence over film content during this period. The PCA's operational methods centered on a mandatory and review process to enforce Code compliance. Producers were required to submit detailed script treatments and synopses for preliminary approval, followed by examinations of completed films to verify adherence to prohibitions on , , excessive , and sympathetic depictions of . Breen and his staff conducted these reviews in consultation with studio representatives, often mandating specific revisions—such as altering dialogue, cutting scenes, or reframing implications—to align with the Code's emphasis on moral upliftment. Innovations under Breen's tenure included conventions like depicting married couples in twin beds and avoiding visual references to bathrooms, which became standard to evade violations related to . Compliance was incentivized through the issuance of a Certificate of Approval, a seal without which MPPDA member studios could not distribute films to affiliated theaters, effectively barring non-conforming pictures from mainstream exhibition. The PCA maintained records of over 20,000 certifications during its active years, with denials or conditional approvals serving as leverage; for instance, Breen enforced cuts in films like (1942) to remove implied while permitting contextual in Gone with the Wind (1939). This system relied on voluntary industry cooperation backed by the threat of federal intervention, ensuring broad adherence until the late 1950s.

Compliance Mechanisms and Consequences

The Production Code Administration (PCA) implemented compliance through mandatory pre-production script reviews, where studios submitted synopses and treatments for evaluation against Code provisions, often requiring revisions to eliminate prohibited elements such as explicit sexual content or sympathetic portrayals of immorality. Final cuts of completed films were then scrutinized in Hollywood and New York offices, with PCA staff, led by figures like Joseph Breen from 1934 to 1954, issuing detailed critiques and demanding cuts, retakes, or voice-over additions to ensure adherence. Approval hinged on the film's alignment with both general principles and specific "don'ts," resulting in the issuance of a Certificate of Approval—displayed as a seal on prints and ads—for compliant works, with over 90% of major studio output receiving seals annually by the late 1930s. Studios faced contractual obligations under the Motion Picture Producers and Distributors of America (MPPDA) to submit all projects and forgo distribution of non-compliant films, enforced via PCA oversight that extended to and foreign versions. Consultations between producers and PCA officials were routine, fostering preemptive , while appeals of denials could involve negotiations but rarely overturned Breen's rulings, as seen in cases where scripts laden with "vulgarity, , and blatant " were rejected outright in 1934. Consequences for non-compliance primarily manifested as seal denial, which barred films from MPPDA-affiliated theaters comprising over 80% of U.S. screens, rendering nationwide release commercially unviable and confining distribution to independent or art-house venues. The Code prescribed fines of $25,000 per violation—equivalent to roughly $500,000 in 2023 dollars—but no such penalties were ever levied, underscoring enforcement's reliance on economic leverage rather than litigation. Persistent violations risked broader repercussions, including state censorship board interventions or federal scrutiny under the 1938 consent decrees dissolving studio theater monopolies, though PCA efficacy stemmed more from studios' voluntary adherence to avert external regulation. Notable denials, such as multiple rejections of projects in the 1940s for moral infractions, compelled reshoots or shelving, with Breen's office banning or excising content from dozens of productions annually to uphold standards.

Operational Impact on Cinema

Transformations in Film Content and Themes

The enforcement of the Motion Picture Production Code beginning in 1934 compelled Hollywood studios to excise explicit content prevalent in pre-Code films, resulting in a marked sanitization of narratives toward moral didacticism. Pre-1934 productions often featured sympathetic portrayals of , , and criminality, as seen in films like (1932), which depicted a gold-digging secretary seducing her boss without consequence; post-enforcement, such stories required vice to be punished and virtue rewarded, shifting emphasis to redemptive arcs and familial stability. This transformation curtailed raw depictions of human frailty, fostering genres like comedies and musicals that conveyed tension through verbal sparring or rather than physical intimacy. Depictions of sex underwent the most stringent alterations, with prohibitions against nudity, "lustful kissing," and any implication of "sex perversion" or illicit relations outside . Films could no longer suggest consummation through lingering embraces or bedroom proximity; instead, married couples appeared in twin beds, and unmarried leads maintained chastity via symbolic barriers, as in (1934), where a bedsheet formed the "Walls of Jericho" to denote restraint between protagonists. , if referenced, demanded narrative condemnation, eliminating justifications for and reducing female characters' agency in romantic pursuits to align with codes mandating the "sanctity of the ." Such rules suppressed explorations of and interracial romance (termed "miscegenation"), confining diverse sexual themes to subtext or omission, thereby reinforcing heteronormative and racially segregated ideals in storytelling. Violence and portrayals pivoted from graphic realism to abstracted or moralized forms, banning detailed methods of brutality or murder to deter audience emulation and prohibiting sympathy for lawbreakers. Pre-Code gangster films like (1931) glamorized antiheroes with unresolved triumphs; under the Code, criminals faced inevitable downfall, as in The Maltese Falcon (1941), where deceitful figures end in punishment rather than victory, emphasizing that " cannot pay." This engendered stylized violence in Westerns and horror—off-screen gory acts or quick cuts—while dramas incorporated repentance or legal retribution, diminishing unflinching critiques of systemic corruption in favor of upholding "correct standards of life" and respect for authority. Broader thematic shifts prioritized upliftment over controversy, with bans on ridiculing , promoting use, or addressing venereal , steering narratives toward , domestic harmony, and ethical resolution during the and eras. Stars like , whose pre-Code vehicles thrived on double entendres, saw careers curtailed as studios pivoted to child performers like for innocuous tales of innocence and triumph. emerged as an adaptive response, using shadows and innuendo to evoke moral ambiguity without direct violation, yet overall, the Code homogenized content into formulaic wholesomeness, limiting and fostering innovation through euphemism rather than explicit causal exploration of vice's allure.

Filmmaker Adaptations and Innovations

Filmmakers under the Motion Picture Production Code developed sophisticated techniques of implication, , and to convey themes of sexuality, violence, and moral ambiguity without explicit depictions that would invite rejection by the Production Code Administration (PCA). These adaptations emphasized suggestion over direct representation, fostering innovations in narrative economy and audience inference that enriched cinematic language. For instance, directors employed double entendres in dialogue and symbolic imagery—such as shadows or objects standing in for prohibited actions—to imply or , thereby maintaining commercial viability while preserving artistic intent. Alfred Hitchcock exemplified these innovations, mastering the art of psychological suggestion to evade PCA scrutiny. In Notorious (1946), he implied romantic and sexual tension between characters played by and through a protracted kissing sequence constructed from brief, Code-compliant cuts—each under three seconds—creating the illusion of prolonged intimacy via editing rhythm rather than unbroken contact. Hitchcock further manipulated censors by submitting scripts with overt taboo elements, then demonstrably excising them in revisions, which conditioned PCA officials to approve subtler violations in final cuts, as seen in veiled references to in films like Rope (1948). These tactics not only bypassed restrictions but advanced suspense as a visceral, implication-driven form, influencing genre conventions. Billy Wilder similarly innovated in , using narration and lighting to suggest illicit affairs and crimes without graphic detail, as in Double Indemnity (1944), where the murder plot unfolds through confession and rather than on-screen violence. Horror directors like in Frankenstein (1931) relied on off-screen action and monstrous symbolism to evoke terror and taboo experimentation, adhering to Code precursors while pioneering expressionistic visuals that implied and sexuality. Such constraints inadvertently spurred technical advancements, including tighter editing and layered , which elevated storytelling efficiency and viewer engagement across genres.

Case Studies of Affected Productions

Scarface (1932)
The Scarface, directed by and released by on April 9, 1932, faced significant alterations to comply with the Production Code's emphasis on portraying crime as punishable and avoiding glorification of criminals. To secure approval, producer added a subtitle, "The Shame of a Nation," along with a prologue condemning gangsterism and an epilogue underscoring the need for , directly addressing Code requirements that sympathy for criminals be minimized. Additionally, violent scenes were excised or toned down, including reductions in graphic depictions of shootings, and the ending was reshot to depict protagonist Tony Camonte's death explicitly at the hands of police rather than an ambiguous , ensuring retribution for wrongdoing as mandated by the Code's crime provisions. These changes delayed the film's wide release and varied by state censor boards, with some regions like New York initially rejecting it outright until modifications were made.
Tarzan and His Mate (1934)
Released by on April 2, 1934, shortly after strict Code enforcement began under , Tarzan and His Mate became one of the earliest high-profile examples of post-Code censorship targeting nudity and sexual suggestiveness. The film originally included an underwater swimming sequence featuring a nude for as Jane, doubling as a stand-in for Josephine McKim, which was deemed violative of prohibitions against and indecent exposure. Censors required the removal of these scenes for general release, though uncut versions persisted in territories without boards, prompting further scrutiny and reinforcing the Code's uniform application across studios. This incident highlighted the abrupt shift from pre-Code permissiveness, where such elements had been common, to enforced , affecting the film's visual storytelling and contributing to the genre's subsequent reliance on clothed approximations of .

The Outlaw (1943)
Howard Hughes' Western , produced by RKO and filmed in 1941 but delayed until 1943 (with limited release in 1946), exemplified defiance and protracted negotiation with the Production Code Administration over . The film's marketing and content focused on Jane Russell's portrayal of Rio, particularly her low-cut costumes emphasizing bosom, violated Code guidelines against "suggestive poses" and excessive display of female anatomy, leading to the denial of a seal of approval and bans in several cities after a brief 1943 run. Hughes refused initial cuts, publicly challenging the PCA by advertising the film's "44 minutes of sin," but eventually submitted to trims reducing Russell's screen prominence and altering camera angles to lessen emphasis on her figure, allowing wider distribution only after 1946 revisions. This case underscored the Code's influence on and , as Hughes' innovations like a custom cantilevered for Russell were curtailed, delaying the film's profitability and illustrating tensions between producers and moral gatekeepers.
Notorious (1946)
Alfred Hitchcock's espionage thriller Notorious, released by RKO on August 15, 1946, adapted to the Code's restriction on prolonged scenes of passion—limiting kisses to three seconds—through a innovative montage of interrupted embraces totaling over two minutes between and . This technique complied technically while conveying sustained intimacy, demonstrating how directors circumvented prohibitions on "excessive and lustful" passion without explicit cuts, though the PCA scrutinized the sequence closely. The film's approval without major alterations reflected loosening enforcement by the mid-1940s, yet the workaround highlighted ongoing constraints on romantic expression, influencing narrative pacing and visual symbolism in Code-era romances.

Assessments and Debates

Arguments in Favor: Moral Safeguards and Industry Autonomy

The Motion Picture Production Code, enforced from 1934 onward, was defended by its architects and supporters as a mechanism to preserve standards in cinema by prohibiting content that could degrade public ethics or glamorize . Its foundational principle asserted that no film should "lower the standards of those who see it," mandating that depictions of wrongdoing include "compensating values" where evil is ultimately punished and virtue prevails. This framework, drafted in 1930 by Catholic publisher Martin Quigley and Jesuit priest Daniel Lord, aimed to counteract the perceived excesses of pre-Code era films, which featured explicit sexuality, crime sympathy, and irreverence toward institutions like and —elements blamed for eroding amid 1920s scandals involving stars like Roscoe "Fatty" Arbuckle. Proponents, including religious bodies such as the National Catholic Welfare Conference, argued that such safeguards protected impressionable audiences, particularly children, from behavioral influences by ensuring narratives reinforced societal norms rather than subverting them, thereby contributing to cultural stability during the . By instituting voluntary self-regulation through the Production Code Administration under , the allowed Hollywood to assert autonomy and forestall coercive external oversight. Studios, facing over 20 state-level bills by 1922 and threats of federal intervention following public moral panics, viewed the as a strategic bulwark against fragmented, unpredictable government controls that could stifle distribution and profitability. Will Hays, president of the Motion Picture Producers and Distributors of America (MPPDA), promoted it as an industry-led solution that unified standards nationwide, minimizing costly revisions demanded by disparate local boards and preserving creative decision-making within studio confines. This approach not only averted a patchwork of prohibitive laws—such as Ohio's statute or New York's licensing regime—but also rehabilitated the industry's reputation, enabling broader and sustained box-office appeal by aligning output with mainstream sensibilities. Advocates maintained that self-imposed guidelines, backed by seal-of-approval certifications, demonstrated fiscal prudence and ethical accountability, ultimately fortifying the sector against boycotts and legislative overreach.

Arguments Against: Constraints on Expression

The Motion Picture Production Code's prohibitions on explicit depictions of sexuality, nudity, profanity, and sympathetic criminality imposed substantial barriers to realistic storytelling, compelling filmmakers to rely on euphemisms, implication, and evasion that often diluted narrative depth and authenticity. For instance, rules against showing "sex perversion" or interracial relationships barred direct exploration of homosexuality or miscegenation, while mandates to portray marriage as sacred and adultery as punished constrained portrayals of complex interpersonal dynamics, fostering sanitized narratives disconnected from observable human behavior. These restrictions, enforced through mandatory script pre-approval by the Production Code Administration from July 1, 1934, onward, functioned as a form of prior restraint that prioritized moral conformity over artistic latitude, even as the industry adopted it voluntarily to preempt federal oversight following the 1915 Mutual Film Corp. v. Industrial Commission ruling excluding motion pictures from First Amendment protections. Filmmakers and producers frequently protested that such constraints stifled innovation and prevented cinema from reflecting societal realities, particularly in addressing mature themes like addiction or moral ambiguity. Director openly defied the Code in 1953 by distributing The Moon Is Blue without certification, incorporating dialogue with words like "virgin," "mistress," and "pregnant"—terms deemed indecent—arguing that audiences were capable of discerning artistic intent without governmental or industry , a stance validated by the film's commercial success despite theater boycotts by the . Similarly, Preminger's 1955 production The Man with the Golden Arm, denied a seal for its unflinching depiction of heroin withdrawal, underscored how the Code delayed candid treatments of social issues, forcing indirect methods that compromised dramatic impact until ad hoc exceptions were granted under pressure from declining box office attendance amid competition from television and uncensored foreign imports. Broader critiques framed the Code as an impediment to free expression, incompatible with post-1952 legal developments affirming films' status as protected speech. The U.S. Supreme Court's decision in on May 26, 1952, overturned prior exclusions, declaring that motion pictures warranted First Amendment safeguards against arbitrary , thereby exposing the Code's self-regulatory mechanisms as overly restrictive and prone to subjective enforcement by figures like , whose Catholic-influenced interpretations amplified conservative biases. Screenwriters and directors, including , navigated these limits through subversive techniques like visual innuendo, but contended that the pervasive need for compliance engendered creative conformity rather than genuine ingenuity, as evidenced by the proliferation of formulaic moral resolutions where vice invariably yielded to virtue. By the late , accumulating challenges revealed the Code's failure to adapt to audience maturation, culminating in its effective obsolescence as studios prioritized expressive liberty to sustain relevance against unregulated media.

Empirical Outcomes: Successes and Shortcomings

The Production Code succeeded in standardizing moral content across Hollywood output, significantly reducing explicit depictions of sexuality, nudity, and criminal glorification after its enforcement began on July 1, 1934. Comparative content analyses of films from the pre-Code era (1929–1934) and the subsequent decades demonstrate a sharp decline in portrayals of female sexual agency and marital , with pre-Code productions frequently featuring sensual narratives and women's ambivalence toward traditional roles, whereas Code-era films emphasized idealized resolutions and restraint. This shift aligned with the Code's prohibitions, fostering a more uniform industry practice that avoided fragmented local and preempted federal intervention, as evidenced by the absence of nationwide legislative overrides during its 34-year tenure. Commercially, the Code coincided with the industry's , where U.S. weekly cinema attendance peaked at approximately 90 million viewers by 1939, despite the , indicating that content restrictions did not undermine broad appeal or box-office viability. Proponents, including studio executives, attributed this stability to self-regulation enhancing public trust and family-oriented programming, which sustained high production volumes—over 400 films annually in the . However, the Code's shortcomings emerged in its inability to fully suppress subversive implications or adapt to evolving cultural norms, as filmmakers increasingly relied on visual metaphors, double entendres, and narrative evasions to imply forbidden themes, often amplifying audience inference of immorality. Content studies highlight persistent gender biases in enforcement, with female characters facing stricter scrutiny on sexuality than male counterparts, perpetuating unequal representational constraints without eliminating underlying societal issues like divorce rates, which rose from 1.7 per 1,000 population in 1930 to 2.5 by 1960. Empirically, no causal evidence links the Code to broader reductions in public immorality or crime, as Hollywood scandals persisted and cultural attitudes toward sex and violence liberalized independently by the postwar era, underscoring the limits of content regulation in influencing behavior. By the 1950s, competition from uncensored foreign imports and television eroded its efficacy, with domestic attendance declining 40% from 1946 peaks amid viewer migration to alternative media.

Erosion and Replacement

Mounting Pressures in the Postwar Era

The 1948 United States v. antitrust decree mandated that major Hollywood studios divest their theater chains, dismantling and reducing centralized control over and exhibition. This structural shift empowered independent producers and exhibitors, who increasingly resisted the Production Code Administration's (PCA) stringent oversight, as they sought content that could compete without uniform self-censorship. By fragmenting the studio system's monopoly, the decree eroded the economic leverage needed to enforce Code compliance across the industry. The rise of television in the early 1950s intensified competitive pressures, with household penetration reaching over 50% by 1955 and diverting audiences from theaters. Hollywood responded by experimenting with formats, color, and edgier narratives to differentiate films, but the medium's looser content standards—initially avoiding direct Hays Code equivalents—highlighted the Code's growing obsolescence amid shrinking revenues, which fell by nearly 40% from to 1953. A pivotal legal blow came in 1952 with the Supreme Court's unanimous ruling in , which extended First Amendment protections to motion pictures and invalidated New York's ban on Roberto Rossellini's The Miracle as sacrilegious. This decision overturned prior precedents denying films speech protections, weakening state-level and emboldening challenges to the PCA's moral veto power. Imported foreign films, unbound by the Code, further pressured adherence; successes like Ingmar Bergman's (1953) drew audiences with explicit content, exposing domestic films' competitive disadvantage. Cultural shifts, amplified by Alfred Kinsey's 1948 Sexual Behavior in the Human Male and 1953 Sexual Behavior in the Human Female reports, documented prevalent non-marital and variant sexual practices, undermining the Code's puritanical assumptions and fueling demands for realistic depictions in postwar cinema. These empirical revelations, based on thousands of interviews, clashed with enforced narrative tropes of retribution for immorality, contributing to internal PCA revisions under Geoffrey Shurlock's less rigid leadership after Joseph Breen's 1954 retirement. By the mid-1950s, such pressures culminated in selective Code waivers for films like The Moon Is Blue (1953), signaling its impending irrelevance. The pivotal legal shift occurred on May 26, 1952, when the in ruled that motion pictures constituted protected speech under the First Amendment, overturning the 1915 precedent that had classified films as mere business transactions outside constitutional safeguards. This decision, stemming from New York state's ban on Roberto Rossellini's 1948 short The Miracle for alleged sacrilege, invalidated broad by state censor boards and eroded the rationale for Hollywood's self-imposed Production Code by affirming films as artistic expression. Subsequent judicial and regulatory changes compounded this erosion. The 1948 Paramount antitrust decree, enforced through divestitures completed by the early 1950s, dismantled , enabling independent producers and distributors to bypass the major studios' adherence to the and import uncensored foreign films like Otto Preminger's The Moon Is Blue (1953), which was released without a seal of approval despite references to "virgin" and "pregnant" deemed profane. In response to mounting challenges, the of America (MPAA) revised the on December 13, 1956, under Geoffrey Shurlock, relaxing absolute prohibitions on topics such as , , and miscegenation if treated with "correct taste and restraint," reflecting judicial pressures and audience demand for realism. Cultural transformations in the postwar era accelerated abandonment. The rise of television from the late 1940s, capturing 90% of U.S. households by 1960, competed with films by offering unregulated domestic entertainment, prompting Hollywood to seek edgier content to differentiate itself amid declining theater attendance from 90 million weekly viewers in to 46 million by 1958. European imports, unburdened by the Code, introduced neorealism and explicit themes—exemplified by Ingmar Bergman's works—fostering audience appetite for unvarnished depictions of sexuality and social issues, while the 1960s and normalized frank portrayals of adult themes, as seen in Otto Preminger's The Man with the Golden Arm (1956), which addressed drug addiction without a seal and grossed over $3.3 million domestically. By the mid-1960s, high-profile productions tested the Code's limits, signaling its obsolescence. Sidney Lumet's The Pawnbroker (1965) secured conditional approval for brief nudity despite violations, justified under the revised guidelines for historical context, while Michelangelo Antonioni's Blow-Up (1966) premiered without PCA certification, featuring implied nudity and drug use that drew crowds despite Catholic Legion of Decency condemnation. ' Who's Afraid of Virginia Woolf? (1966), adapted from Edward Albee's play, prompted the first "Suggested for Mature Audiences" (SMA) label due to like "screw you" and depictions of marital dysfunction, grossing $28.4 million and underscoring the Code's inability to enforce standards amid public acceptance. These developments, coupled with eroding voluntary compliance, culminated in the MPAA's formal abandonment of the Code on November 1, 1968, replaced by a ratings system to accommodate diverse viewer sensibilities without prescriptive content bans.

Transition to the Ratings System

By the mid-1960s, the Motion Picture Production Code faced obsolescence amid evolving legal precedents and cultural norms, prompting the Motion Picture Association of America (MPAA) to overhaul its self-regulatory framework. The U.S. Supreme Court's 1952 decision in Burstyn v. Wilson affirmed films as protected speech under the First Amendment, eroding the Code's prior reliance on state-level for enforcement and allowing challenges to its prohibitions. Subsequent rulings, including those on imported films like La Dolce Vita (1961), further undermined the Code's authority by rejecting bans on content deemed artistic rather than obscene. In response, the MPAA revised the Code in 1966 under administrator Geoffrey Shurlock, permitting depictions of nudity, , and if treated responsibly, as seen in approvals for films like Who's Afraid of Virginia Woolf? (1966), which included previously taboo language such as "screw" and "goddamn." These adjustments proved insufficient against competitive pressures from television, which drew family audiences, and unrestricted foreign cinema, leading studios to produce boundary-pushing works like Blow-Up (1966) that evaded full Code compliance. To preempt federal intervention, newly appointed MPAA president , who assumed the role in 1966, proposed a voluntary ratings system focused on audience guidance rather than content prohibition. Implemented on November 1, 1968, this replaced the entirely, introducing categories: G (suggested for general audiences), M (suggested for mature audiences, later refined to PG), (restricted, requiring parental accompaniment for under-17s), and X (no admission for under-16s). The shift preserved industry autonomy while informing parental choice, averting government oversight amid public concerns over youth exposure to explicit material.

Long-Term Legacy

Shaping American Film and Cultural Norms

The Motion Picture Production Code, enforced from 1934 to 1968, compelled Hollywood filmmakers to prioritize narratives that affirmed conventional ethical principles, including the inviolability of , the punishment of wrongdoing, and deference to religious authority. Prohibitions against explicit sexuality, sympathetic depictions of criminals, and ridicule of faith resulted in storytelling reliant on innuendo, visual metaphor, and moral resolution, as seen in classics like (1942), where romantic tension builds without physical consummation. This stylistic restraint fostered genres such as comedies and musicals that emphasized wit and uplift over realism, aligning cinematic output with the era's family-centric viewing habits and averting federal oversight through industry self-regulation. By standardizing content to exclude nudity, miscegenation, and "lustful" embraces, the Code mirrored and reinforced mid-20th-century American , particularly under pressure from Catholic and Protestant groups advocating for youth protection amid 1920s-1930s star scandals. It cultivated a cultural norm of media as a moral educator rather than provocateur, diminishing portrayals of marital or social vice and thereby sustaining public expectations of films as vehicles for virtue, which boosted attendance during the by signaling decency to broad audiences. Longitudinally, the Code's framework lingered in post-1968 practices, informing the MPAA's ratings system that preserved parental guidance amid escalating permissiveness, as evidenced by the industry's pivot to age-based classifications following Midnight Cowboy's (1969) X-rated Best Picture win. Its tenure correlated with a cinematic ethos prioritizing communal values over individual license, influencing subsequent media debates on content's causal role in eroding family structures—claims echoed in analyses linking pre-Code explicitness to perceived moral decline, though empirical causation remains contested due to confounding postwar shifts. This legacy underscores a tension between artistic liberty and societal guardianship, with the Code's dilutions paving the way for today's polarized views on media's normative power.

Modern Reappraisals and Persistent Influences

In contemporary scholarship, the Motion Picture Production Code has undergone reappraisal beyond simplistic narratives of repression, with historians like Richard Maltby and Lea Jacobs emphasizing its role in cultivating a distinctive Hollywood style through enforced obliqueness and allusiveness. Rather than solely stifling creativity, the Code prompted filmmakers to develop sophisticated narrative and visual techniques, such as suggestive glances, symbolic barriers, and indirect implications of sexuality or violence, as exemplified in films like (1946), where erotic tension is conveyed via humor and framing without explicit depiction. This perspective counters earlier critiques focused on archival prohibitions, arguing that the Code integrated into production practices, enabling genre conventions and expressive formal elements like music and performance to encode meaning subtly. Critics, however, maintain that the Code's moral absolutism constrained authentic portrayals, particularly of social issues, with modern analyses highlighting its conservative bias in prioritizing punishment of and upliftment of virtue, often at the expense of nuanced character arcs. Empirical assessments of its societal effects remain limited, but the correlated with widespread production of family-oriented content that avoided graphic depictions, potentially mitigating immediate cultural exposure to explicit themes, though causation is debated amid broader 1930s-1950s . Some conservative commentators nostalgically reference the 's standards amid concerns over contemporary Hollywood's proliferation of unrestricted explicitness, though explicit calls for revival are rare and typically dismissed in mainstream discourse as incompatible with First protections post-1952 decision. The Code's persistent influences manifest in lingering cinematic techniques and institutional habits, including the preference for subtextual handling of taboo subjects—such as veiled references to miscegenation in (1936)—which encouraged viewer inference and narrative depth that echoes in modern ambiguity-driven storytelling. Its self-regulatory model prefigured the MPAA's 1968 ratings system, shifting from prescriptive morality to advisory classifications while retaining industry oversight to avert external censorship. Culturally, the Code normalized expectations of moral resolution in mainstream narratives, influencing portrayals of authority and vice, and fostering a legacy of creative circumvention that enriched genres like through implication rather than overtness. These elements underscore how the Code embedded causal constraints into Hollywood's aesthetic DNA, with digitized Production Code Administration records now enabling deeper scrutiny of its formative role.

References

Add your contribution
Related Hubs
Contribute something
User Avatar
No comments yet.