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.
Paul faced danger, Ani and Ray faced each other, and Frank faced some career decisions.
This is what happens when you devote two-thirds of a season to scene after scene after scene of Frank and Jordan’s Baby Problems, and Frank Shaking Guys Down, and Look How Fucked Up Ray and Ani Are, and Melancholy Singer in the Dive Bar Yet Again—and then you suddenly realize that with only a couple episodes left you haven’t offered even a rudimentary outline of the central plot.
What if Joe Biden is going to run for the Democratic nomination after all?
Most Democrats seem ready for Hillary Clinton—or at least appear content with her candidacy. But what about the ones who who were bidin’ for Biden? There are new signs the vice president might consider running for president after all.
Biden has given little indication he was exploring a run: There’s no super PAC, no cultivation of a network of fundraisers or grassroots organizers, few visits to early-primary states. While his boss hasn’t endorsed Clinton—and says he won’t endorse in the primary—many members of the Obama administration have gone to work for Clinton, including some close to Biden.
But Biden also hasn’t given any clear indication that he isn’t running, and a column by Maureen Dowd in Saturday’s New York Times has set off new speculation. One reason Biden didn’t get into the race was that his son Beau was dying of cancer, and the vice president was focused on being with his son. But before he died in May, Dowd reported, Beau Biden tried to get his father to promise to run. Now Joe Biden is considering the idea.
California Representative Adam Schiff, the ranking Democrat on the House Intelligence Committee, has decided to come out in favor of the nuclear agreement.
Earlier this year, California Representative Adam Schiff, the ranking Democrat on the House Intelligence Committee, told me he had serious doubts about Iran’s intentions as it pursued a nuclear deal with the United States and five other world powers. He also said he was somewhat worried about the scale of possible American concessions during the talks. Schiff, who I described in a post at the time as a “moderate’s moderate,” suggested to me that he wanted to see President Obama achieve an important foreign-policy success, but as a Jew, he wanted to make sure that an anti-Semitic regime—both he and Obama agree that Iran is ruled by an anti-Semite—would not be allowed to become a nuclear-weapons state. At the time, he told me he was “uncommitted” and that he would “remain uncommitted” until he had time to review a final deal, should a final deal materialize.
Fetal-tissue research enjoyed bipartisan support amid decades-long efforts to revoke government funding to Planned Parenthood.
Republican calls to defund Planned Parenthood over its handling of fetal tissue for research are louder than ever. But they form just the latest episode in a decades-long drive to halt federal support for the group.
This round of attacks aims squarely at the collection of fetal tissue, an issue that had been mostly settled—with broad bipartisan support—in the early 1990s. Among those who voted to allow federal funding for fetal tissue research was Senator Mitch McConnell, now the majority leader.
McConnell made no mention of his previous position on the issue when he announced that the Senate would take up a bill to cut off Planned Parenthood’s access to federal funds before leaving for its summer break. The first vote on the bill is expected as soon as Monday.
Put simply: Climate change poses the threat of global catastrophe. The planet isn’t just getting hotter, it’s destabilizing. Entire ecosystems are at risk. The future of humanity is at stake.
Scientists warn that extreme weather will get worse and huge swaths of coastal cities will be submerged by ever-more-acidic oceans. All of which raises a question: If climate change continues at this pace, is anywhere going to be safe?
“Switzerland would be a good guess,” said James Hansen, the director of climate science at Columbia University’s Earth Institute. Hansen’s latest climate study warns that climate change is actually happening faster than computer models previously predicted. He and more than a dozen co-authors found that sea levels could rise at least 10 feet in the next 50 years. Slatepoints out that although the study isn’t yet peer-reviewed, Hansen is “known for being alarmist and also right.”
The Internet is awash with guides for finding success on the crowdfunding website Kickstarter. A quick search yields (in numerical order):
“6 Tips From Kickstarter on How to Run a Successful Crowdfunding Campaign”
“Crowdfunding Secrets: 7 Tips For Kickstarter Success”
“8 Things I Learned From My (Failed) Kickstarter Campaign”
“Kicking Ass & Taking Donations: 9 Tips on Funding Your Kickstarter Project”
“10 Tips I Wish I Knew Before I Launched My Kickstarter Campaign”
And so on.
But the best advice to those seeking money online might sound more like this: Be thin, fair-skinned, and attractive.
It is true that in many realms, crowdfunding has delivered on its democratic promise. Take female entrepreneurship: It’s been shown that professional investors have consistently view pitches from men more favorably than those from women, even when the content of those pitches was the same. Kickstarter has subverted that. On the site, projects launched by women are more likely to secure funding than those started by men.
Writing used to be a solitary profession. How did it become so interminably social?
Whether we’re behind the podium or awaiting our turn, numbing our bottoms on the chill of metal foldout chairs or trying to work some life into our terror-stricken tongues, we introverts feel the pain of the public performance. This is because there are requirements to being a writer. Other than being a writer, I mean. Firstly, there’s the need to become part of the writing “community”, which compels every writer who craves self respect and success to attend community events, help to organize them, buzz over them, and—despite blitzed nerves and staggering bowels—present and perform at them. We get through it. We bully ourselves into it. We dose ourselves with beta blockers. We drink. We become our own worst enemies for a night of validation and participation.
Two hundred fifty years of slavery. Ninety years of Jim Crow. Sixty years of separate but equal. Thirty-five years of racist housing policy. Until we reckon with our compounding moral debts, America will never be whole.
And if thy brother, a Hebrew man, or a Hebrew woman, be sold unto thee, and serve thee six years; then in the seventh year thou shalt let him go free from thee. And when thou sendest him out free from thee, thou shalt not let him go away empty: thou shalt furnish him liberally out of thy flock, and out of thy floor, and out of thy winepress: of that wherewith the LORD thy God hath blessed thee thou shalt give unto him. And thou shalt remember that thou wast a bondman in the land of Egypt, and the LORD thy God redeemed thee: therefore I command thee this thing today.
— Deuteronomy 15: 12–15
Besides the crime which consists in violating the law, and varying from the right rule of reason, whereby a man so far becomes degenerate, and declares himself to quit the principles of human nature, and to be a noxious creature, there is commonly injury done to some person or other, and some other man receives damage by his transgression: in which case he who hath received any damage, has, besides the right of punishment common to him with other men, a particular right to seek reparation.
Even when a dentist kills an adored lion, and everyone is furious, there’s loftier righteousness to be had.
Now is the point in the story of Cecil the lion—amid non-stop news coverage and passionate social-media advocacy—when people get tired of hearing about Cecil the lion. Even if they hesitate to say it.
But Cecil fatigue is only going to get worse. On Friday morning, Zimbabwe’s environment minister, Oppah Muchinguri, called for the extradition of the man who killed him, the Minnesota dentist Walter Palmer. Muchinguri would like Palmer to be “held accountable for his illegal action”—paying a reported $50,000 to kill Cecil with an arrow after luring him away from protected land. And she’s far from alone in demanding accountability. This week, the Internet has served as a bastion of judgment and vigilante justice—just like usual, except that this was a perfect storm directed at a single person. It might be called an outrage singularity.
Bernie Sanders and Jeb Bush look abroad for inspiration, heralding the end of American exceptionalism.
This election cycle, two candidates have dared to touch a third rail in American politics.
Not Social Security reform. Not Medicare. Not ethanol subsidies. The shibboleth that politicians are suddenly willing to discuss is the idea that America might have something to learn from other countries.
The most notable example is Bernie Sanders, who renewed his praise for Western Europe in a recent interview with Ezra Klein. “Where is the UK? Where is France? Germany is the economic powerhouse in Europe,” Sanders said. “They provide health care to all of their people, they provide free college education to their kids.”
On ABC’s This Week in May, George Stephanopoulos asked Sanders about this sort of rhetoric. “I can hear the Republican attack ad right now: ‘He wants American to look more like Scandinavia,’” the host said. Sanders didn’t flinch: