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 president addressed the quadrennial gathering like a campaign rally—talking to a group devoted to service as if it valued self interest.
Donald Trump continued his ongoing tour of cherished American institutions on Monday night, delivering yet another jarringly partisan speech to an apolitical audience—this one, comprised of tens of thousands still too young to vote.
During the campaign, his performance at the Al Smith dinner—where presidential candidates roast their rivals and themselves every four years—devolved into overt attacks on his opponent. Shortly after his election, he stunned CIA employees by delivering a campaign-style stump speech before the agency’s Memorial Wall. On Saturday, he surprised the crowd of uniformed personnel at the commissioning of the USS Gerald R. Ford by imploring them to lobby Congress in support of his agenda.
The internet’s favorite fact-checkers are caught in a messy dispute.
On Monday, the editorial staff of Snopes.com wrote a short plea for help. The post said that the site needed money to fund its operations because another company that Snopes had contracted with “continues to essentially hold the Snopes.com web site hostage.”
“Our legal team is fighting hard for us, but, having been cut off from all revenue, we are facing the prospect of having no financial means to continue operating the site and paying our staff (not to mention covering our legal fees) in the meanwhile,” the note continued.
It was a shocking message from a website that’s been around for more than 20 years—and that’s become a vital part of internet infrastructure in the #fakenews era. The site’s readers have responded. Already, more than $92,000 has been donated to a GoFundMe with a goal of $500,000.
There were numerous attempts to establish contact with the campaign and the transition team.
In trying to fend off suspicion of collusion with the Kremlin, Donald Trump Jr. and Jared Kushner have recently provided the public with two very interesting documents. Shoving responsibility for any outreach onto the Russian side, the two men have given us with a partial account of Russian methods in approaching the Trump camp in 2016.
If the accounts are true—and, given that their accounts have changed in the past, these latest accounts could change too—then, taken together, the Trump Jr. emails and Kushner’s statement show a Russian side that is experimenting with ways of getting the Trump team’s attention. They show a side that really is, as one former Obama administration official told me, “throwing spaghetti at the wall and seeing what would stick.”
Three Atlantic staffers discuss “Stormborn,” the second episode of the seventh season.
Every week for the seventh season of Game of Thrones, three Atlantic staffers will discuss new episodes of the HBO drama. Because no screeners were made available to critics in advance this year, we'll be posting our thoughts in installments.
As Donald Trump’s troubles deepen, he keeps trying to shift attention to his old rival—but finds it no longer works like it used to.
Donald Trump’s brand-new communications director got a glimpse of the challenge he faces this weekend. As Anthony Scaramucci toured the Sunday shows, promising a new era of better relations and positive vibes, his boss was firing off his most active string of Twitter complaints in some time, taking shots at Democrats, Republicans, the press, James Comey, Robert Mueller, and—for the second time in less than a week—his own attorney general:
So why aren't the Committees and investigators, and of course our beleaguered A.G., looking into Crooked Hillarys crimes & Russia relations?
The president’s choice of words to describe Attorney General Jeff Sessions is bizarre, though the condescending mockery matches the tone he often uses for adversaries. To paraphrase Trump, somebody’s doing the beleaguering, and that person is Trump himself, who railed at Sessions during an interview with The New York Times last week, saying he wished he hadn’t appointed him, and that Sessions’s decision to recuse himself from the Russia investigation was unfair to Trump.
Terminating the special counsel would show recklessness, imply corruption, and irrevocably damage the country.
Last week, President Donald Trump fueled speculation that he might work to oust Robert Mueller, the former FBI director appointed to probe Russian interference in the 2016 presidential election. Trump could do so today, or tomorrow, or three months from now; the news could be announced in a televised speech, through a spokesperson, or even in a late night tweet sent on an impulse after his advisers have gone to bed.
If Trump fires Robert Mueller, few will be surprised. But if that happens, as the Department of Justice is thrown into chaos, as the American public sees its clearly expressed support for the special counsel disregarded, as the vital inquiry into the integrity of American elections stalls, as protesters take to the streets in a show of outrage at the affront to the rule of law, as the 2018 midterms morph into a referendum on the administration, and as American democracy reels into unknown territory, the House of Representatives should immediately impeach the president.
Thirty-one-year-old Ezra Cohen-Watnick holds the intelligence portfolio on the National Security Council—but almost everything about him is a mystery.
Just 24 days into his tenure as Donald Trump’s national-security adviser, Michael Flynn was forced to resign, having reportedly misled Vice President Mike Pence about his contacts with Russian officials. When Flynn departed, the men and women he’d appointed to the National Security Council grew nervous about their own jobs, and with good reason. The new national-security adviser, General H.R. McMaster, promptly began clearing out Flynn’s people, among them Dave Cattler, the deputy assistant to the president for regional affairs, Adam Lovinger, a strategic affairs analyst on loan from the Pentagon, and KT McFarland, Flynn’s deputy, who was eased out with the ambassadorship to Singapore. Even Steve Bannon, among the most powerful people in the White House, was removed from the meetings of the NSC Principal’s Committee, where he had been installed early on in the administration.
The rise in anti-Muslim violence under Modi suggests that the demons of the country’s past are very much alive.
One day in June, towards the end of Ramadan, two young Muslim brothers on a visit to Delhi to buy new clothes for Eid boarded a train to return home, three hours away. Soon, they became embroiled in a disagreement over seating with fellow passengers, which escalated into an argument over their religion. The other passengers taunted the boys, calling them “beef-eaters,” and pulling at their beards, one of the brothers later said. Eventually, the knives came out. By the time the train had passed the boys’ village, the assault was underway. Fifteen-year-old Junaid Khan was thrown out of the carriage one station past the boys’ stop; he had been stabbed multiple times, and was later declared dead at Civil Hospital in Palwal.
Many point to unromantic 20-somethings and women’s entry into the workforce, but an overlooked factor is the trouble young men have in finding steady, well-paid jobs.
TOKYO—Japan’s population is shrinking. For the first time since the government started keeping track more than a century ago, there were fewer than 1 million births last year, as the country’s population fell by more than 300,000 people. The blame has long been put on Japan’s young people, who are accused of not having enough sex, and on women, who, the narrative goes, put their careers before thoughts of getting married and having a family.
But there’s another, simpler explanation for the country’s low birth rate, one that has implications for the U.S.: Japan’s birth rate may be falling because there are fewer good opportunities for young people, and especially men, in the country’s economy. In a country where men are still widely expected to be breadwinners and support families, a lack of good jobs may be creating a class of men who don’t marry and have children because they—and their potential partners—know they can’t afford to.
Half a century ago, a senator battling a brain tumor took to the Senate floor, and secured his legacy.
None of us can choose how we are remembered. Most of us are not remembered at all. Senator John McCain knows that he will be remembered. He faces a choice about how his remarkable career will be noted in its autumnal phase.
McCain will of course be remembered most of all for his service, and sacrifice and bravery, as a naval aviator and then as prisoner of war in Vietnam. He should also be known for his efforts in his early days in politics to heal divisions within the United States over the Vietnam war, and then between Vietnam and the United States.
In the world of politics he is known and will probably be remembered as a steadfast personal friend, despite disagreements of party. Michael Lewis’s remarkable tale of McCain’s loyalty to the disabled and mostly forgotten one-time liberal champion Morris Udall is, well, an unforgettable example. More than most politicians, McCain has had dramatic moments of principle-above-party high-road stands, as when he told a Republican questioner that she should stop suggesting that his then-opponent for the presidency, Barack Obama, was “an Arab.” As Colin Powell later pointed out, McCain’s response fell an inch short of perfection, in that he answered the questioner by saying that Obama wasn’t “an Arab—he’s a decent family man.” Still, in real time and near the end of a bitter campaign it was brave, right, to his credit—and in character.