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.
By antagonizing the U.S.’s neighbor to the south, Donald Trump has made the classic bully’s error: He has underestimated his victim.
When Donald Trump first made sport of thumping Mexico—when he accused America’s neighbor of exporting rapists and “bad hombres,” when he deemed the country such a threat that it should be contained by a wall and so clueless that it could be suckered into paying for its own encasement—its president responded with strange equilibrium. Enrique Peña Nieto treated the humiliation like a meteorological disturbance. Relations with the United States would soon return to normal, if only he grinned his way through the painful episode.
In August, Peña Nieto invited Trump to Mexico City, based on the then-contrarian notion that Trump might actually become president. Instead of branding Trump a toxic threat to Mexico’s well-being, he lavished the Republican nominee with legitimacy. Peña Nieto paid a severe, perhaps mortal, reputational cost for his magnanimity. Before the meeting, former President Vicente Fox had warned Peña Nieto that if he went soft on Trump, history would remember him as a “traitor.” In the months following the meeting, his approval rating plummeted, falling as low as 12 percent in one poll—which put his popularity on par with Trump’s own popularity among Mexicans. The political lesson was clear enough: No Mexican leader could abide Trump’s imprecations and hope to thrive. Since then, the Mexican political elite has begun to ponder retaliatory measures that would reassert the country’s dignity, and perhaps even cause the Trump administration to reverse its hostile course. With a presidential election in just over a year—and Peña Nieto prevented by term limits from running again—vehement responses to Trump are considered an electoral necessity. Memos outlining policies that could wound the United States have begun flying around Mexico City. These show that Trump has committed the bully’s error of underestimating the target of his gibes. As it turns out, Mexico could hurt the United States very badly.
“Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them.”
You were going to get one-click access to the full text of nearly every book that’s ever been published. Books still in print you’d have to pay for, but everything else—a collection slated to grow larger than the holdings at the Library of Congress, Harvard, the University of Michigan, at any of the great national libraries of Europe—would have been available for free at terminals that were going to be placed in every local library that wanted one.
At the terminal you were going to be able to search tens of millions of books and read every page of any book you found. You’d be able to highlight passages and make annotations and share them; for the first time, you’d be able to pinpoint an idea somewhere inside the vastness of the printed record, and send somebody straight to it with a link. Books would become as instantly available, searchable, copy-pasteable—as alive in the digital world—as web pages.
The 45th president’s journey of discovery could be a public service, if it helps bring his supporters to greater understanding of the complexities of governing.
Let the betting pools begin: What will be the next policy issue that Donald Trump suddenly discovers is way more complicated than “anyone” ever imagined?
Already, the aggressively policy-ignorant president has marveled that dealing with touchy issues such as North Korea, China, the Ex-Im bank, Syria, and health care, requires more than trash talk and an itchy Twitter finger. And, while he has yet to break the bad news to the dying coal towns that backed him, Trump has been meeting with energy execs, some of whom have had to gently explain that, when it comes to saving the industry, there’s not all that much he can do. Because—all together now!—it’s complicated.
As it turns out, no matter how much reality TV experience one brings to the table, one cannot simply snap one’s fingers and instantly solve the nation’s most vexing problems.
The early results out of a Boston nonprofit are positive.
You saw the pictures in science class—a profile view of the human brain, sectioned by function. The piece at the very front, right behind where a forehead would be if the brain were actually in someone’s head, is the pre-frontal cortex. It handles problem-solving, goal-setting, and task execution. And it works with the limbic system, which is connected and sits closer to the center of the brain. The limbic system processes emotions and triggers emotional responses, in part because of its storage of long-term memory.
When a person lives in poverty, a growing body of research suggests the limbic system is constantly sending fear and stress messages to the prefrontal cortex, which overloads its ability to solve problems, set goals, and complete tasks in the most efficient ways.
Thursday’s terrorist attack in Paris did not “help” Marine Le Pen.
Following Thursday’s terrorist attack on the Champs-Elysees in Paris, which killed one police officer and wounded two others, Donald Trump made a prediction. “The people of France will not take much more of this,” he wrote on Twitter. “Will have a big effect on presidential election!” It seemed like the American president was implicitly backing one of the leading candidates in that election, the National Front’s Marine Le Pen, who has campaigned on rooting out Islamic extremism from the Republic and practices a Trump-like brand of populist-nativist politics.
Then Trump dispelled any doubt about his message. The attack, for which ISIS has claimed responsibility, will “probably help” Le Pen’s chances, the American president told the Associated Press, “because she is the strongest on borders and she is the strongest on what’s been going on in France.” (This despite the fact that the Champs-Elysees attacker was a French citizen ensconced well within French borders.) Trump didn’t explicitly endorse Le Pen. But he effectively endorsed her sales pitch to voters. “I believe whoever is the toughest on radical Islamic terrorism and whoever is the toughest at the borders will do well at the election,” Trump said.
Will you pay more for those shoes before 7 p.m.? Would the price tag be different if you lived in the suburbs? Standard prices and simple discounts are giving way to far more exotic strategies, designed to extract every last dollar from the consumer.
As Christmas approached in 2015, the price of pumpkin-pie spice went wild. It didn’t soar, as an economics textbook might suggest. Nor did it crash. It just started vibrating between two quantum states. Amazon’s price for a one-ounce jar was either $4.49 or $8.99, depending on when you looked. Nearly a year later, as Thanksgiving 2016 approached, the price again began whipsawing between two different points, this time $3.36 and $4.69.
We live in the age of the variable airfare, the surge-priced ride, the pay-what-you-want Radiohead album, and other novel price developments. But what was this? Some weird computer glitch? More like a deliberate glitch, it seems. “It’s most likely a strategy to get more data and test the right price,” Guru Hariharan explained, after I had sketched the pattern on a whiteboard.
Inside Walmart’s curious, possibly ingenious effort to get customers to build up their savings accounts
Late last summer, Dawn Paquin started keeping her money on a prepaid debit card from Walmart instead of in a traditional checking account. The wages from her factory job—she works from 9 p.m. to 5 a.m., inspecting blades on industrial bread-slicing machines—now go directly onto the Visa-branded card, which she can use like a regular debit card, though unlike most debit cards, it is not linked to a checking or savings account. She made the switch after a $4 check she wrote to buy coffee for herself and a friend tipped her checking account below the required minimum and triggered $100 in overdraft fees.
This was before she got the factory gig, and she wasn’t working full-time. Paquin lives in Salem, Illinois, where, she told me recently, if you don’t have a college degree, your job choices are “fast food or factory.” Money was extremely tight. “I kind of had a bit of resentment about banks after that,” she said dryly.
Tracking the controversies, allegations, and investigations into the president and his administration
Donald Trump entered the White House as one of the most scandal-tarred presidents in American history—what his imbroglios may have lacked in depth, they made up in variety, encompassing legal, ethical, and sexual controversies. (In a twist, one of Trump’s few competitors for the crown was his rival, Hillary Clinton.) They ranged from race discrimination to mafia connections, from petty hypocrisies to multimillion-dollar alleged frauds.
Now that Trump is president, some of those controversies have continued to shadow him. But the presidency has also occasioned a whole new set of disputes. Looming largest is the question of whether his campaign colluded with Russian agents to interfere in the election, a question being investigated by the FBI as well as panels in both houses of Congress. They also include ethical and legal questions surrounding members of his cabinet, his allegation that Barack Obama spied on him before the election, and various conflicts of interest.
For the first time in modern French history, neither candidate is from a major party.
Marine Le Pen, the candidate of the far-right National Front, is through to the second round of the French presidential election, where she will face Emmanuel Macron, the independent, who won Sunday's first round with 23.7 percent of the vote. Le Pen won 21.7 percent. It's the first time in French history that neither candidate from a major political party is in the second round runoff. It's also the first time a far-right candidate is in the second round since 2002 when Le Pen's father, Jean-Marie Le Pen, lost to Jacques Chirac.
Macron and Le Pen’s strong showings Sunday, which saw an approximately 77percent voter turnout (slightly lower than the 79 percent who voted in the first round in 2012), signaled a rebuke of the political establishment that has dominated French politics for decades. Macron launched his centrist party in August 2016 after he quit his role in President François Hollande’s Socialist government, and despite the party’s youth it boasts a quarter of a million members. Meanwhile, Le Pen’s FN secured the most votes it has ever received in its nearly half-century history, surpassing the 18-percent first-round finish it saw in 2012.
Neither Emmanuel Macron nor Marine Le Pen is from one of the two political movements that have dominated the country for decades.
Emmanuel Macron and Marine Le Pen have little in common on the face of it. Macron, who exit polls project as the winner of Sunday’s first round presidential election in France, is a political neophyte. His centrist, globalist, pro-EU policies, are antithetical to the populist movements sweeping the West. Le Pen, who finished second in Sunday’s election, is an embodiment of that movement: Her far-right National Front (FN) has festered on the fringes of French politics for decades. She is against immigration and the EU, and a strong advocate for nationalism and borders.
But what unites Macron and Le Pen, who will face off in a second round on May 7, is that they each represent a backlash against the political movements that have dominated modern France. For the first time in a recent presidential runoff in the country, neither of the two candidates will be from the traditional center-left and center-right movements.