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.
When new countries rise to power, the transition can end badly, often in war. Harvard’s Graham Allison has argued in The Atlantic that “judging by the historical record, war is more likely than not” between the United States, the world’s current reigning superpower, and China, a rising military and economic force. There is considerable debate on this point, but American pundits and presidential candidates often talk as if China were already an American adversary; Donald Trump has warned, for example, that China will “take us down.” Yet few in the United States seem worried about Asia’s other rising giant, India.
To the contrary, there’s a temptation to support India, a like-minded democracy, as a counterweight against the growing power of authoritarian China. But if American leaders feel confident India can accumulate power without becoming an antagonist, can they find a way to make the same true for China?
For centuries, philosophers and theologians have almost unanimously held that civilization as we know it depends on a widespread belief in free will—and that losing this belief could be calamitous. Our codes of ethics, for example, assume that we can freely choose between right and wrong. In the Christian tradition, this is known as “moral liberty”—the capacity to discern and pursue the good, instead of merely being compelled by appetites and desires. The great Enlightenment philosopher Immanuel Kant reaffirmed this link between freedom and goodness. If we are not free to choose, he argued, then it would make no sense to say we ought to choose the path of righteousness.
Today, the assumption of free will runs through every aspect of American politics, from welfare provision to criminal law. It permeates the popular culture and underpins the American dream—the belief that anyone can make something of themselves no matter what their start in life. As Barack Obama wrote in The Audacity of Hope, American “values are rooted in a basic optimism about life and a faith in free will.”
Recent polls shown increasing support for the former governor, who’s hoping to win the Libertarian Party’s nomination this weekend.
If Gary Johnson wants to make it onto a primetime presidential-debate stage as the Libertarian Party’s nominee, he needs to qualify by polling above 15 percent. If he wants to be the nominee, he needs a strong showing at the party’s convention this weekend. And if he wants a strong showing at the convention, he needs to demonstrate to delegates that he’s their party’s ideal standard-bearer—a candidate who can be even a little competitive in a three-way matchup with Donald Trump and Hillary Clinton. Johnson just got good news: A poll released Tuesday morning shows the candidate with 10 percent of the national vote.
The Morning Consult survey puts Clinton at 38 percent, Trump at 35 percent, and Johnson, the two-term former New Mexico governor who also ran for president in 2012, trailing with 10 percent. For any other candidate, that low number would be a sign that the end is near. But not for Johnson, or other third-party candidates hoping to make it big in an election year when many voters will likely hold their noses as they cast their ballots. The 10-percent figure is close to a personal best for Johnson as a presidential candidate; poll analysts note that it is roughly twice as high as Johnson’s figures from the last cycle.
Narcissism, disagreeableness, grandiosity—a psychologist investigates how Trump’s extraordinary personality might shape his possible presidency.
In 2006, Donald Trump made plans to purchase the Menie Estate, near Aberdeen, Scotland, aiming to convert the dunes and grassland into a luxury golf resort. He and the estate’s owner, Tom Griffin, sat down to discuss the transaction at the Cock & Bull restaurant. Griffin recalls that Trump was a hard-nosed negotiator, reluctant to give in on even the tiniest details. But, as Michael D’Antonio writes in his recent biography of Trump, Never Enough, Griffin’s most vivid recollection of the evening pertains to the theatrics. It was as if the golden-haired guest sitting across the table were an actor playing a part on the London stage.
“It was Donald Trump playing Donald Trump,” Griffin observed. There was something unreal about it.
The deadline to enter the National Geographic Travel Photographer of the Year Contest is fast approaching—entries will be accepted until May 27, 2016.
The deadline to enter the National Geographic Travel Photographer of the Year Contest is fast approaching—entries will be accepted until May 27, 2016. The grand prize winner will receive a seven-day Polar Bear Safari for two in Churchill, Canada. National Geographic was once more kind enough to allow me to share some of this year’s entries with you here, gathered from three categories: Nature, Cities, and People. The photos and captions were written by the photographers.
Beginning in July of this year, most everywhere we look, there will be a giant number on our food. The change will affect hundreds of thousands of edible products, and, so, hundreds of millions of people. It will affect the way we think about food for decades. (This update is the first in more than 20 years—so long ago that the FDA earnestly describes its current label design as “iconic.”)
Current nutrition labels, legally required on all packaged foods, are to be be replaced with the explicit purpose of improving people’s health. As Michelle Obama said at the unveiling of the new labels on Friday, “Very soon, you will no longer need a microscope, a calculator, or a degree in nutrition to figure out whether the food you’re buying is actually good for our kids.”
It’s not easy fitting 1.2 million annual visitors onto an island of 330,000 residents.
Iceland may be beautiful, but it’s dangerously close to full. This is the message currently filtering out from the North Atlantic island as it struggles to absorb unprecedented numbers of visitors. Last year, the nation hosted 1.26 million tourists, a staggering number for a chilly island whose population barely scrapes past 330,000 citizens.
Those numbers are powered partly by a “Game of Thrones Effect” that has seen fans of the TV series flock to its shooting locations. The 2010 eruption of the Eyjafjallajökull volcano, which has since become a tourist attraction, also helped to push up its profile as a vacation spot—perversely so, given that the eruption initially led to 107,000 flights across Europe being canceled. Given the rocky waters the country has been sailing through since the 2008 financial crisis, the revenue brought in by this spike in tourism is no doubt welcome. But the sheer volume of visitors to what was until recent decades a remote part of the world is still causing major stress. So how can Iceland keep welcoming people while making sure it isn’t trampled underfoot?
The author Moira Weigel argues that the various courtship rituals of the past hundred-odd years have reflected the labor-market conditions of their day.
Love, it turns out, has always been a lot of work.
While every generation will lament anew the fact that finding love is hard, history seems to indicate that this particular social ritual never gets any easier or less exciting. In Labor of Love, a new book documenting the history of dating in America, Moira Weigel, a Ph.D. candidate in comparative literature at Yale University, confirms this lament: Since dating was “invented,” it has always been an activity that required a lot of effort.
As part of her research, Weigel read dating-advice books from the 1800s and hundreds of articles on dating from teen and women’s magazines over the years, and she found two common themes: First, there is usually an older part of the population that perceives dating to be “dying,” or, at least, as not being done “appropriately.” Second, Weigel found that the way people date has almost always been tied to the market forces of their era.
A continuation of Valve’s acclaimed sci-fi series has been promised for 10 years, but seems no closer to fruition.
Ten years ago today, the video-game company Valve announced that Half-Life 2: Episode Three, the newest and much-anticipated chapter in its acclaimed sci-fi shooter series, would be out by the end of 2007. This was hardly surprising news: Valve had already released one episodic sequel to its smash hit Half-Life 2, and the second was due out soon. Still, news of Episode Three as “the last in a trilogy” was exciting to fans. Ten years later, they’re still waiting—and the new edition of Half-Life has gone from a eagerly awaited work to gaming history’s most famous piece of “vaporware”—a product announced to the public that the developer has no plans of actually making or releasing.
Since that announcement, Valve has released a dozen games, including the acclaimed Portal and Portal 2 and multiplayer smash hits like Left 4 Dead and Team Fortress 2. But Half-Life 2 sequels ended with Episode Two, and over the years, Valve’s party line on a new installment went from a firm commitment to vague promises to tight-lipped refusals to say anything at all. The longer things go on, the more impossible everyone’s expectations become—if a new Half-Life were ever released, the hype would be unimaginably hard to match, and yet Valve’s initial promise hasonly added to the franchise’s mystique.
How a strange face in a random 19th-century newspaper ad became a portal to a forgotten moment in ASCII art history
One of the joys of modern technology is how easy it is to immerse yourself in the past. Every day, more libraries and archives are pushing pieces of their collections online in easily browsable interfaces.