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.
The Fox host’s insistence that black laborers building the White House were “well-fed and had decent lodgings” fits in a long history of insisting the “peculiar institution” wasn’t so bad.
In her widely lauded speech at the Democratic National Convention on Monday, Michelle Obama reflected on the remarkable fact of her African American family living in the executive mansion. “I wake up every morning in a house that was built by slaves. And I watch my daughters, two beautiful, intelligent, black young women, playing with their dogs on the White House lawn,” she said.
On Tuesday, Fox News host Bill O’Reilly discussed the moment in his Tip of the Day. In a moment first noticed by the liberal press-tracking group Media Matters, O’Reilly said this:
As we mentioned, Talking Points Memo, Michelle Obama referenced slaves building the White House in referring to the evolution of America in a positive way. It was a positive comment. The history behind her remark is fascinating. George Washington selected the site in 1791, and as president laid the cornerstone in 1792. Washington was then running the country out of Philadelphia.
Slaves did participate in the construction of the White House. Records show about 400 payments made to slave masters between 1795 and 1801. In addition, free blacks, whites, and immigrants also worked on the massive building. There were no illegal immigrants at that time. If you could make it here, you could stay here.
In 1800, President John Adams took up residence in what was then called the Executive Mansion. It was only later on they named it the White House. But Adams was in there with Abigail, and they were still hammering nails, the construction was still going on.
Slaves that worked there were well-fed and had decent lodgings provided by the government, which stopped hiring slave labor in 1802. However, the feds did not forbid subcontractors from using slave labor. So, Michelle Obama is essentially correct in citing slaves as builders of the White House, but there were others working as well. Got it all? There will be a quiz.
Psychologists have long debated how flexible someone’s “true” self is.
Almost everyone has something they want to change about their personality. In 2014, a study that traced people’s goals for personality change found that the vast majority of its subjects wanted to be more extraverted, agreeable, emotionally stable, and open to new experiences. A whopping 97 percent said they wished they were more conscientious.
These desires appeared to be rooted in dissatisfaction. People wanted to become more extraverted if they weren’t happy with their sex lives, hobbies, or friendships. They wanted to become more conscientious if they were displeased with their finances or schoolwork. The findings reflect the social psychologist Roy Baumeister’s notion of “crystallization of discontent”: Once people begin to recognize larger patterns of shortcomings in their lives, he contends, they may reshuffle their core values and priorities to justify improving things.
The Green Party candidate wants disillusioned Bernie Sanders supporters to join her—not Hillary Clinton.
PHILADELPHIA—Jill Stein takes public transportation to the Democratic National Convention. On the day after Hillary Clinton made history as the first woman to win a major party presidential nomination, the Green Party presidential candidate is on the subway en route to the Wells Fargo Center. Adoring fans spot her on the way over and demand selfies. A heavily tattooed woman complains to Stein: “It’s been a Hillary party the whole time. It’s like brainwash, like waterboarding. It’s awful.”
Stein is in high demand. The populist progressive tells me that after Bernie Sanders endorsed Clinton two weeks ago, effectively ending his insurgent campaign for president, a lot more people started paying attention to her campaign. “The floodgates opened,” Stein says. “I almost feel like a social-worker, being out there talking to the Bernie supporters. They are broken-hearted. They feel really abused, and misled, largely by the Democratic Party.”
Chris Morris’s brutal satire aired its last and most controversial episode in 2001, but its skewering of the news media feels more relevant than ever.
A sex offender is thrown in the stocks, presented with a small child, and asked if he wants to molest him. A mob of protestors is thrown a “dummy full of guts” that is stomped to pieces within seconds. A radio host insists that pedophiles have “more genes in common with crabs” than the rest of humanity, insisting, “There’s no real evidence for [that], but it is scientific fact.”
It’s hard to pinpoint the most cringe-inducing moment on “Paedogeddon,” a special episode of the British TV satire Brass Eye. But 15 years after the episode aired, it remains a totemic, terrifying satirical vision. Few comedies since have dared to cross the boundaries of taste with such impunity.
“Paedogeddon” aired in the U.K. in the summer of 2001, a year after the murder of a young girl had sparked national hysteria over the country’s sex-offender registry. Britain’s most-read newspaper led a campaign to publish the names and locations of all 110,000 convicted sex offenders, prompting a riot in which an angry mob ransacked the home of an ex-con. Brass Eye, a parody of a 60 Minutes-like newsmagazine show, had been dormant after airing one season in the UK in 1997. But it returned four years later for this surprise broadcast, one that saw its furious (fictional) anchors barking from a dark studio about the plague of seemingly super-powered child molesters stalking the nation, holding a funhouse mirror up to the climate of paranoia and fear that had built up around the country. It was a bold, wildly insensitive piece of comedy, but one that captured the growing madness of the 24-hour news media and foreshadowed some uglier aspects of its future.
At the Democratic convention, the president framed America as a shining city on a hill—under constant construction.
Barack Obama is a tinkerer and a poet in whose hands the concept of “American exceptionalism” is being reshaped for the 21st century and weaponized against Trumpism.
First used with respect to the United States by Alexis de Tocqueville, the concept of American exceptionalism is that this country differs qualitatively from other developed nations because of its national credo, ethnic diversity, and revolution-sprung history. It is often expressed as superiority: The United States is the biggest, most powerful, smartest, richest, and most-deserving country on Earth.
Obama drew from this tradition in his Democratic National Convention address Wednesday night. “America has changed over the years,” he said, remembering his Scotch-Irish ancestors who didn’t like braggarts or bullies or people who took short cuts, and who valued honesty and hard work, kindness and courtesy, humility and responsibility.
The former first daughter has maintained a wide buffer of privacy while enjoying the influence and access her fame confers. Having it both ways will get trickier if her mother wins in November.
It’s her first event of the day—and not yet 11 in the morning—but already Chelsea Clinton looks tired: There’s a puffiness under her blue eyes and a heaviness to her smile. Taking the stage at the Hillary for America headquarters in Milwaukee, she grabs a stool. “Please know I’m sitting because I’m pregnant,” she assures the roomful of supporters, stroking her swollen belly. “It is not at all a reflection on my gratitude for you all being here or my enthusiasm for my mom’s campaign.”
Wisconsin’s April 5 primary is less than two weeks away, and for the next 20 minutes, Chelsea makes a case for why her mom is the most qualified candidate—the only candidate, really—for the job of president. She speaks slowly and deliberately, her voice low and modulated. After weeks of hard campaigning, she has grown slightly hoarse. But otherwise there are no rough edges to her. No seams. No rambling or verbal filler. Like Hillary, Chelsea is neither an inspirational nor a motivational speaker. But her soothing aspect is strangely compelling, like that of a meditation guide or a priest.
Seeking prosperity through lax business and tax regulations leaves countries worse off.
In the early 1990s, economists coined the term "the resource curse" to describe a paradox they observed in countries where valuable natural resources were discovered: Rather than thriving, such countries often crumbled, economically and politically. The newfound wealth, instead of raising living standards for all, generated violence, as well as accelerating the growth of inequality and corruption. Terry Karl, a Stanford political science professor, dubbed this the "paradox of plenty." The same story has played out again and again all over the world, from Venezuela (where Karl did her research on the destruction wrought by oil wealth) to Sierra Leone (home of blood diamonds) and Afghanistan (which, despite $3 trillion in mineral wealth, remains among the poorest and most corrupt countries in the world).
Biology textbooks tell us that lichens are alliances between two organisms—a fungus and an alga. They are wrong.
In 1995, if you had told Toby Spribille that he’d eventually overthrow a scientific idea that’s been the stuff of textbooks for 150 years, he would have laughed at you. Back then, his life seemed constrained to a very different path. He was raised in a Montana trailer park, and home-schooled by what he now describes as a “fundamentalist cult.” At a young age, he fell in love with science, but had no way of feeding that love. He longed to break away from his roots and get a proper education.
At 19, he got a job at a local forestry service. Within a few years, he had earned enough to leave home. His meager savings and non-existent grades meant that no American university would take him, so Spribille looked to Europe.
The State Department is reopening its investigation into Hillary Clinton’s emails, just as she puts a Justice Department investigation behind her.
Hillary Clinton is out of the frying pan and into the fire. On July 6, Attorney General Loretta Lynch announced that the Justice Department would not pursue criminal charges against the presumptive Democratic presidential nominee for her use of a private email server at the State Department. But the following day, with that criminal investigation closed, the State Department reopened its own probe into the emails, the AP reported.
State Department spokesman John Kirby told the AP that it would be looking at potential mishandling of classified information by Hillary Clinton and her top aides. Former officials could face administrative sanctions, including a loss of their security clearances—a step that would be both politically embarrassing for Clinton, and complicate efforts to staff a national-security team should she prevail in November.