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.
What went wrong with the conversion ministry, according to Alan Chambers, who once led its largest organization
In 2001, Alan Chambers was hired as the president of the world’s largest ex-gay ministry, Exodus International. That same year, U.S. Surgeon General David Satcher issued a report that stated, “there is no valid evidence showing that sexual orientation can be changed.”
Like most conservative Christian leaders at the time, Chambers considered the countercultural nature of his work a point of pride. During the latter part of the 20th century, Exodus and similar conservative groups promoted the idea that gay people could—and should try to—become straight. Ex-gay leaders traveled to churches and appeared on television news programs citing a litany of examples of happily married “former homosexuals” to demonstrate that sexual orientation is a choice and that change is possible.
Forget the Common Core, Finland’s youngsters are in charge of determining what happens in the classroom.
“The changes to kindergarten make me sick,” a veteran teacher in Arkansas recently admitted to me. “Think about what you did in first grade—that’s what my 5-year-old babies are expected to do.”
The difference between first grade and kindergarten may not seem like much, but what I remember about my first-grade experience in the mid-90s doesn’t match the kindergarten she described in her email: three and a half hours of daily literacy instruction, an hour and a half of daily math instruction, 20 minutes of daily “physical activity time” (officially banned from being called “recess”) and two 56-question standardized tests in literacy and math—on the fourth week of school.
That American friend—who teaches 20 students without an aide—has fought to integrate 30 minutes of “station time” into the literacy block, which includes “blocks, science, magnetic letters, play dough with letter stamps to practice words, books, and storytelling.” But the most controversial area of her classroom isn’t the blocks nor the stamps: Rather, it’s the “house station with dolls and toy food”—items her district tried to remove last year. The implication was clear: There’s no time for play in kindergarten anymore.
The country has seen periods of turmoil before. But this time may be different.
I am usually an optimist when it comes to Turkey’s future. Indeed, I wrote a whole book about The Rise of Turkey. But these days, I’m worried. The country faces a toxic combination of political polarization, government instability, economic slowdown, and threats of violence—from both inside and outside Turkey—that could soon add up to a catastrophe. The likelihood of that outcomeis increasing amid Russia’s bombing raids in Syria in support of its ally, Syrian President Bashar al-Assad, which threaten to debilitate the moderate rebels and boost the extremists in Syria’s civil war, while leaving Turkey to deal with two unruly neighbors: Assad and ISIS.
Of course, Turkey has gone through periods of political and economic crisis before. During the 1970s, the country’s economy collapsed, and the instability led to fighting among right- and left-wing militant groups and security forces that killed thousands of people. Then, in the 1990s, Turkey was pummeled by triple-digit inflation and a full-blown Kurdish insurgency that killed tens of thousands. Turkey survived both those decades. The historian in me says that Turkey will be able to withstand the coming shock this time as well.
National Geographic Magazine has opened its annual photo contest, with the deadline for submissions coming up on November 16, 2015.
National Geographic Magazine has opened its annual photo contest, with the deadline for submissions coming up on November 16, 2015. The Grand Prize Winner will receive $10,000 and a trip to National Geographic headquarters to participate in its annual photography seminar. The kind folks at National Geographic were once again kind enough to let me choose among the contest entries so far for display here. Captions written by the individual photographers.
Many high-school graduates must choose between two bad options: a four-year program for which they’re not academically or emotionally prepared, or job-specific training that might put a ceiling on their careers.
Two years ago, my nephew was set to graduate from Maryland’s Towson University with a degree in political science. After six long years, both he and his parents were ready to breathe a sigh of relief—he had made it to the finish line. He had never been excited about school, and his parents had worried about his lack of enthusiasm, wishing he could be engaged in something that ignited his curiosity and provided him more of a motivation to focus, something more hands-on and practical. But they also knew that without a bachelor’s degree, my nephew’s ability to move into a rewarding career, earn a middle-class salary, and enjoy some economic security would be very limited. And they worried that if he didn’t complete that degree before he turned 25, he likely never would (a reasonable concern, given national statistics on college completion). Determined to launch him into adulthood with the strongest possible foundation they could, they persuaded him to go to college and crossed their fingers.
Here’s what happens if astronomers make contact with a civilization on another planet.
The false alarm happened in 1997.
The Green Bank Radio Observatory in Green Bank, West Virginia, was picking up some unusual signals—and Seth Shostak, then the head of the Center for Search for Extraterrestrial Intelligence (SETI) Research in Mountain View, Caifornia, was convinced that they had come from intelligent life somewhere in the universe.
“It looked like it might be the real deal,” Shostak recalled. Within a few hours, he had a call from The New York Times.
But within a day, it became clear that the source of excitement was actually a European satellite. To make matters worse, a second telescope in Georgia, which would have told the scientists about the true nature of the signal, wasn’t working.
In the name of emotional well-being, college students are increasingly demanding protection from words and ideas they don’t like. Here’s why that’s disastrous for education—and mental health.
Something strange is happening at America’s colleges and universities. A movement is arising, undirected and driven largely by students, to scrub campuses clean of words, ideas, and subjects that might cause discomfort or give offense. Last December, Jeannie Suk wrote in an online article for The New Yorker about law students asking her fellow professors at Harvard not to teach rape law—or, in one case, even use the word violate (as in “that violates the law”) lest it cause students distress. In February, Laura Kipnis, a professor at Northwestern University, wrote an essay in The Chronicle of Higher Education describing a new campus politics of sexual paranoia—and was then subjected to a long investigation after students who were offended by the article and by a tweet she’d sent filed Title IX complaints against her. In June, a professor protecting himself with a pseudonym wrote an essay for Vox describing how gingerly he now has to teach. “I’m a Liberal Professor, and My Liberal Students Terrify Me,” the headline said. A number of popular comedians, including Chris Rock, have stopped performing on college campuses (see Caitlin Flanagan’s article in this month’s issue). Jerry Seinfeld and Bill Maher have publicly condemned the oversensitivity of college students, saying too many of them can’t take a joke.
“Vaccine hesitancy” is a delicate way of phrasing a serious public-health problem. The World Health Organization defines it as “delay in acceptance or refusal of vaccines despite availability of vaccination services.”
There’s a tendency to treat these vaccine-hesitant people as a monolith, the “anti-vaxers” who are putting everyone at risk. But people who don’t vaccinate aren’t just a homogenous mob of parents who fear toxins and want their kids to be exposed to chicken pox “the natural way.” There are a variety of reasons why people decide not to vaccinate, and a new paper by researchers at Rutgers University and Germany’s University of Erfurt and RWTH Aachen University, published in Policy Insights from the Behavioral and Brain Sciences, breaks down the psychology of four different types of non-vaccinators, in the hopes of finding effective strategies to change their minds.
News organizations spread false information about a U.S. airstrike that hit an Afghan hospital, as a result of untruths that came from unnamed government sources.
On Saturday, an American airstrike hit a Médecins Sans Frontières (also known as Doctors Without Borders) hospital in Kunduz, Afghanistan. Twelve staff members and 10 patients were killed. Three of the patients were children. NPR reported that some of the victims “burned to death as they lay in their beds.” Tens of thousands of Afghans lost their city’s only free trauma hospital, which will likely lead to even more deaths.
Why did this happen?
As Médecins Sans Frontières demanded answers the U.S. government spread false information.
“Their description of the attack keeps changing—from collateral damage, to a tragic incident, to now attempting to pass responsibility to the Afghanistan government,” the nonprofit said Monday in a statement. “The reality is the U.S. dropped those bombs. The U.S. hit a huge hospital full of wounded patients and MSF staff. The U.S. military remains responsible for the targets it hits, even though it is part of a coalition. There can be no justification for this horrible attack.”
The Red Planet once had an ocean and a magnetic field. A new mission is setting out to discover what happened to them.
The question of whether there is life on Mars is woven into a much larger thatch of mysteries. Among them: What happened to the ancient ocean that once covered a quarter of the planet’s surface? And, relatedly, what made Mars’s magnetosphere fade away? Why did a planet that may have looked something like Earth turn into a dry red husk?
“We see magnetized rocks on the Mars surface,” said Bruce Banerdt, the principal investigator of the InSight mission to Mars, which is set to launch in March. “And so we know Mars had a magnetic field at one time, but it doesn't today. We would like to know the history—when that magnetic field started, when it may have shut down.”
There are a few leading theories about what decimated the planet’s magnetism. One of them is that huge asteroids bombarded Mars until its magnetic field turned off. That storm of asteroids may have included one enormous rock in particular, even bigger than the one believed to have wiped out Earth’s dinosaurs. Another theory explores the possibility that Mars’s ancient magnetic field only ever covered one of its hemispheres, an idea that would also explain how the planet’s magnetism weakened over time. “The presence of a magnetic field is key to understanding the history of Mars’s atmosphere, which of course is key to habitability on Mars’s surface,” Banerdt told me.