In Ways of Showing/Ways of Seeing, Part 1, we took a look at the dawn of cinema and "actualities," and noted that in short order cinema developed rapidly: technologically, creatively, commercially--except for cinema dealing with sexuality. Explicit sexuality never became more than a primitive, underground form, and by 1934, with the official adoption of the Hays Code, sexually suggestive themes were self-regulated out of mainstream movies as well.
In the post Climax Ecology, I gave a brief overview of this ecological theory, and posited that the periods from 1968 to 1975 and 1999 to 2006 can be understood as "clearing events" during which it became possible to tackle sexual subjects impossible in the years prior, and which a few short years later would become impossible again as the underlying socioeconomic ecology began to reassert itself.
In this post I'm going to give a timeline of important court cases, movies, and MPAA decisions that led to the MPAA abandoning the Production Code (aka Hays Code) in 1968, and replacing it with a four-tier content advisory system that included an adults-only rating available to producers whether or not they were working within the MPAA system.
This decision--to make the new, quasi-official X-rating available to anyone who wishes to apply it to their film--would change the meaning of an "adult movie" forever.
1934 - The US vs ONE BOOK CALLED ULYSSES
Justice Woolsey rules that James Joyce's masterwork was not obscene because it was "emetic, not aphrodisiac." On appeal, Justice Augustus Hand writes, "We think that Ulysses is a book of originality and sincerity of treatment and that it has not the effect of promoting lust. Accordingly it does not fall within the statute, even though it justly may offend many."
In subsequent court cases this standard--"the intent to arouse"--will be replaced by more liberal standards, but even after "the intent to arouse" loses currency as a legal dictate, it will ultimately prove the most durable and important influence on the evolution of explicit sexuality in film.
1952 - JOSEPH BURSTYN, INC. V. WILSON
The New York State Board of Regents suppresses the Italian film The Miracle on the grounds that it is "sacrilegious," and the case finds its way to the US Supreme Court. Excerpted from Justice Clark's decision:
It is urged that motion pictures do not fall within the First Amendment's aegis because their production, distribution, and exhibition is a large-scale business conducted for private profit. We cannot agree. That books, newspapers, and magazines are published and sold for profit does not prevent them from being a form of expression whose liberty is safeguarded by the First Amendment.
We fail to see why operation for profit should have any different effect in the case of motion pictures.
Burstyn v Wilson is generally recognized as the case which firmly places cinema under the umbrella of First Amendment protection. Prior to this, producers had no such assurances, and after, producers, distributors and exhibitors would more boldly explore the boundaries of just what this protection permitted. (56 years later the argument of profit motive will be employed to deny First Amendment protections in the case Dible v City of Chandler.)
1956 - ROTH v US, excerpt:
All ideas having even the slightest redeeming social importance -- unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion -- have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests; but implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance...
[But] sex and obscenity are not synonymous. Obscene material is material which deals with sex in a manner appealing to prurient interest. The portrayal of sex, e.g., in art, literature and scientific works, is not itself sufficient reason to deny material the constitutional protection of freedom of speech and press. Sex, a great and mysterious motive force in human life, has indisputably been a subject of absorbing interest to mankind through the ages; it is one of the vital problems of human interest and public concern.
1964 - JACOBELLIS v OHIO
After viewing Les Amants (The Lovers) the Supreme Court ruled (highly abridged):
The Lovers involves a woman bored with her life and marriage who abandons her husband and family for a young archaeologist with whom she has suddenly fallen in love. There is an explicit love scene in the last reel of the film, and the State's objections are based almost entirely upon that scene. The film was favorably reviewed in a number of national publications, although disparaged in others, and was rated by at least two critics of national stature among the best films of the year in which it was produced. It was shown in approximately 100 of the larger cities in the United States, including Columbus and Toledo, Ohio. We have viewed the film, in the light of the record made in the trial court, and we conclude that it is not obscene within the standards enunciated in Roth v. United States and Alberts v. California, which we reaffirm here.
Jacobellis also gave us some of the most famous words ever handed down by the high court. From Justice Potter Stewart's concurrence:
It is possible to read the Court's opinion in Roth v. United States and Alberts v. California in a variety of ways. In saying this, I imply no criticism of the Court, which in those cases was faced with the task of trying to define what may be indefinable. I have reached the conclusion, which I think is confirmed at least by negative implication in the Court's decisions since Roth and Alberts,1 that under the First and Fourteenth Amendments criminal laws in this area are constitutionally limited to hard-core pornography.2 I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so.But I know it when I see it, and the motion picture involved in this case is not that. (emphasis added)
1964 - THE PAWNBROKER
Initially denied a Production Code seal over a brief showing of a woman's bare breasts. The studio appealed and won. The Pawnbroker becomes the first film with female nudity of any sort to be released under the Production Code.
1966 - WHO'S AFRAID OF VIRGINIA WOOLF?
After script negotiation with the MPAA, the film is released with some alterations to Edward Albee's dialogue and with the Production Code seal, but still contains language never before heard in a Production Code film.
1966 - BLOW-UP
The film was denied a Production Code seal. MGM turned its back on the MPAA and its fellow member studios and released the film without changes and without a Production Code seal. (This will be reprised in the VHS/DVD era when MPAA member studios will release R-rated cuts for theatrical distribution and then promote unrated versions as "uncensored" to the home video market.)
1968 - MPAA PRESIDENT JACK VALENTI INTRODUCES THE RATINGS SYSTEM
Faced with the prospect of mass defection by its member studios, the MPAA replaces the Production Code (a code of restrictions on language, imagery and themes) with a four-tier content advisory system that is the basis for the G, PG, PG13, R, NC-17 system we know today.
Let's take a moment to recall other events that happened in 1968, the year the MPAA abandoned the idea of content restriction and replaced it with parental advisory:
Prague Spring, the Battle of Khe Sanh, the Tet Offensive, the My Lai Massacre, Martin Luther King assassinated, Robert F. Kennedy assassinated. Tommie Smith and John Carlos standing atop the winners podium at the Mexico City Olympics with their fists raised, the Zodiac Killer is on the loose in San Francisco, Apollo 8 orbits the moon, and a young James Fallows pens a letter to Harvard criticizing the banishment of the ROTC.
There will also be a quirk in the MPAA's new system. The MPAA trademarks the G, PG, and R ratings, and producers seeking to carry these ratings must submit their films to the MPAA for review. But the MPAA leaves the Adults Only rating--the X-rating--as an untrademarked, self-applicable rating.
On the surface this appears perfectly sensible. The MPAA's new rating system is construed as advice to parents, and producers making films intended solely for an adult audience could simply label their films as such, with no MPAA review.
In modern parlance, the X-rating is "open-source."
G, PG, and R are indications of age-appropriateness for children as judged by the MPAA. X is simply a new name for a well-established concept; films tackling subject matter, language, and imagery not suitable for children. And by making their adults only rating, the X-rating, available to anyone to use, the MPAA is making it clear that they are no longer in the business of deciding what member studios may or may not include in their films, or regulating what adults can and cannot see.
But because it is not trademarked, and is available for use by anyone within or outside of the MPAA system, the X-rating will end up being applied (by the MPAA and others) to everything from Academy Award-winning films to peepshow masturbatory fare.
In the next post, we will look at films made between the years 1968 and 1975, an era regarded by many as both the high point for grown-up movie making in Hollywood, and the Golden Age of pornography, a time when people lined up outside theaters waiting to see sexually explicit films.
We'll take special note of how the X-rating is used to market those films, and see how the inability to satisfactorily define the X-rating as an indication of content will ultimately render the "X" a barren no man's land for filmmakers of all persuasions.
But before we go, here's a clip from The Owl and the Pussycat (1970). As you watch it, keep in mind that this is the same year that the producers of Midnight Cowboy will petition to have their R-rating restored, but a year later producers of A Clockwork Orange will release their film with an X-rating, and *two* years later Last Tango in Paris will be released with an X-rating. As I said, exciting, confusing times!
Tony Comstock is a documentary filmmaker whose company, Comstock Films, specializes in erotic documentaries.Follow him on Twitter at @TonyComstock.
James Fallows is a national correspondent for The Atlantic and has written for the magazine since the late 1970s. He has reported extensively from outside the United States and once worked as President Carter's chief speechwriter. His latest book is China Airborne.
A professor of cognitive science argues that the world is nothing like the one we experience through our senses.
As we go about our daily lives, we tend to assume that our perceptions—sights, sounds, textures, tastes—are an accurate portrayal of the real world. Sure, when we stop and think about it—or when we find ourselves fooled by a perceptual illusion—we realize with a jolt that what we perceive is never the world directly, but rather our brain’s best guess at what that world is like, a kind of internal simulation of an external reality. Still, we bank on the fact that our simulation is a reasonably decent one. If it wasn’t, wouldn’t evolution have weeded us out by now? The true reality might be forever beyond our reach, but surely our senses give us at least an inkling of what it’s really like.
President-elect Donald Trump has committed a sharp breach of protocol—one that underscores just how weird some important protocols are.
Updated on December 2 at 7:49 p.m.
It’s hardly remembered now, having been overshadowed a few months later on September 11, but the George W. Bush administration’s first foreign-policy crisis came in the South China Sea. On April 1, 2001, a U.S. Navy surveillance plane collided with a Chinese jet near Hainan Island. The pilot of the Chinese jet was killed, and the American plane was forced to land and its crew was held hostage for 11 days, until a diplomatic agreement was worked out. Sino-American relations remained tense for some time.
Unlike Bush, Donald Trump didn’t need to wait to be inaugurated to set off a crisis in the relationship. He managed that on Friday, with a phone call to the president of Taiwan, Tsai Ing-wen. It’s a sharp breach with protocol, but it’s also just the sort that underscores how weird and incomprehensible some important protocols are.
A hotly contested, supposedly ancient manuscript suggests Christ was married. But believing its origin story—a real-life Da Vinci Code, involving a Harvard professor, a onetime Florida pornographer, and an escape from East Germany—requires a big leap of faith.
On a humid afternoon this past November, I pulled off Interstate 75 into a stretch of Florida pine forest tangled with runaway vines. My GPS was homing in on the house of a man I thought might hold the master key to one of the strangest scholarly mysteries in recent decades: a 1,300-year-old scrap of papyrus that bore the phrase “Jesus said to them, My wife.” The fragment, written in the ancient language of Coptic, had set off shock waves when an eminent Harvard historian of early Christianity, Karen L. King, presented it in September 2012 at a conference in Rome.
Never before had an ancient manuscript alluded to Jesus’s being married. The papyrus’s lines were incomplete, but they seemed to describe a dialogue between Jesus and the apostles over whether his “wife”—possibly Mary Magdalene—was “worthy” of discipleship. Its main point, King argued, was that “women who are wives and mothers can be Jesus’s disciples.” She thought the passage likely figured into ancient debates over whether “marriage or celibacy [was] the ideal mode of Christian life” and, ultimately, whether a person could be both sexual and holy.
How much do you really need to say to put a sentence together?
Just as fish presumably don’t know they’re wet, many English speakers don’t know that the way their language works is just one of endless ways it could have come out. It’s easy to think that what one’s native language puts words to, and how, reflects the fundamentals of reality.
But languages are strikingly different in the level of detail they require a speaker to provide in order to put a sentence together. In English, for example, here’s a simple sentence that comes to my mind for rather specific reasons related to having small children: “The father said ‘Come here!’” This statement specifies that there is a father, that he conducted the action of speaking in the past, and that he indicated the child should approach him at the location “here.” What else would a language need to do?
The Daily Show host was measured, respectful, and challenging in his 26-minute conversation with TheBlaze pundit Tomi Lahren.
Tomi Lahren, the 24-year-old host of Tomi on the conservative cable network TheBlaze, feels like a pundit created by a computer algorithm, someone who primarily exists to say something provocative enough to jump to the top of a Facebook feed. She’s called the Black Lives Matter movement “the new KKK,” partly blamed the 2015 Chattanooga shootings on President Obama’s “Muslim sensitivity,” and declared Colin Kaepernick a “whiny, indulgent, attention-seeking cry-baby.” At a time when such charged political rhetoric feels increasingly like the norm, Lahren stands at one end of a widening gulf—which made her appearance on The Daily Show with Trevor Noah Wednesday night all the more fascinating.
In his first year at The Daily Show, Noah has struggled to distinguish himself in an outrage-driven late-night universe. He has sometimes seemed too flip about the failures of the country’s news media, something his predecessor Jon Stewart made a perennial target. Noah’s 26-minute conversation with Lahren, though, posted in its entirety online, set the kind of tone that Stewart frequently called for throughout his tenure. The segment never turned into a screaming match, but it also avoided platitudes and small-talk. Lahren was unapologetic about her online bombast and leaned into arguments that drew gasps and boos from Noah’s audience, but the host remained steadfastly evenhanded throughout. If Noah was looking for a specific episodethat would help him break out in his crowded field, he may have finally found it.
A single dose of magic mushrooms can make people with severe anxiety and depression better for months, according to a landmark pair of new studies.
The doom hung like an anvil over her head. In 2012, a few years after Carol Vincent was diagnosed with non-Hodgkin lymphoma, she was waiting to see whether her cancer would progress enough to require chemotherapy or radiation. The disease had already done a number on her, inflating lymph nodes on her chin, collar bones, and groin. She battled her symptoms while running her own marketing business. To top it all off, she was going through menopause.
“Life is just pointless stress, and then you die,” she thought. “All I’m doing is sitting here waiting for all this shit to happen.”
When one day at an intersection she mulled whether it would be so bad to get hit by a car, she realized her mental health was almost as depleted as her physical state.
Multispectral scanning reveals ancient text on the fabled Antikythera Mechanism, and suggests the machine was a mechanical textbook.
It was, as they say, a dark and stormy night. The passengers on the enormous ship probably didn’t realize they were in danger until the moment their vessel slammed into the cliffs of Antikythera, Greece.
As the ship sank and broke apart, its remnants drifted downward to a seismic terrace some 160 feet below the surface of the Mediterranean Sea. More than 2,000 years would pass before fishermen collecting sponges, in the year 1900, discovered the wreckage by accident. Divers then spent a year at the site, where they recovered hundreds of works of art, jewels, and life-sized marble and bronze statues. But they also discovered something they couldn’t explain: A bizarre clockwork-like piece of technology, in the form of a disintegrating lump of corroded bronze, unlike anything known in the ancient world. It come to be known as the Antikythera Mechanism, and it remains one of the most intriguing objects in the history of technology.
A new documentary explores how early experiences drive development.
The idea that new babies are empty vessels waiting to be filled with knowledge of the world around them doesn’t sound unreasonable. With their unfocused eyes and wrinkly skin, tiny humans sometimes look more like amoebas than complex beings.
Yet scientists have built a body of evidence, particularly over the last three decades, that suggests this is patently untrue. “When kids are born, they’re already little scientists exploring the world,” said the filmmaker Estela Renner via a video conference from Brazil before a recent screening of her new documentary The Beginning of Life (streaming on Netflix) at the World Bank in Washington, D.C.
That’s something Renner, a Brazilian mother of three, discovered as she spoke with early-childhood experts and parents in nine countries around the world about the impact a child’s environment in the first few years of life has on not only her physical development, but her cognitive, social, and emotional development, too. “I didn’t know that kids were not blank slates,” she said. “It changed the way I look at babies.” If more people recognized that fact, the way communities and policymakers think about and invest in the early years of life might be different.
They say religious discrimination against Christians is as big a problem as discrimination against other groups.
Many, many Christians believe they are subject to religious discrimination in the United States. A new report from the Public Religion Research Institute and Brookings offers evidence: Almost half of Americans say discrimination against Christians is as big of a problem as discrimination against other groups, including blacks and minorities. Three-quarters of Republicans and Trump supporters said this, and so did nearly eight out of 10 white evangelical Protestants. Of the latter group, six in 10 believe that although America once was a Christian nation, it is no longer—a huge jump from 2012.
Polling data can be split up in a million different ways. It’s possible to sort by ethnicity, age, political party, and more. The benefit of sorting by religion, though, is that it highlights people’s beliefs: the way their ideological and spiritual convictions shape their self-understanding. This survey suggests that race is not enough to explain the sense of loss some white Americans seem to feel about their country, although it’s part of the story; the same is true of age, education level, and political affiliation. People’s beliefs seem to have a distinctive bearing on how they view changes in American culture, politics, and law—and whether they feel threatened. No group is more likely to express this fear than conservative Christians.