History MediaNotes / TheHaysCode

In the years since its creation, the MPAA rating system has itself been criticized by many people--most notably Ebert and the filmmakers behind ''Film/ThisFilmIsNotYetRated''--for doling higher ratings based on depictions of sex, gay people, or other controversial topics (and obscenity, to a certain extent) than depictions of violence. Other complaints note the lack of transparency about exactly ''why'' certain films get the ratings they do (for example, several films listed with "nothing offensive" as the whole MPAA content description have received PG ratings). Additionally, {{UsefulNotes/Movieguide}} founder and media critic Dr. Ted Baehr calls the MPAA rating system "vulnerable", "flawed", and "corrupt", claiming it misrates films and is "rigged" in favor of the big studios and filmmakers.

But the Supreme Court itself began to undercut the purpose of the Code (to prevent federal government censorship of the film industry) starting in 1952. The Italian film ''The Miracle'' by Roberto Rossellini featured controversial use of religious imagery; its American release provoked a severe outcry. Film distributor Joseph Burstyn sued to have the short film's license reinstated in New York, and the Supreme Court did just that in what is now known as the "Miracle Decision", which helped give film First Amendment protections as an artistic medium, thus further reducing the Code's authority in Hollywood. In the late 1950s and the 1960s, a wave of films from Europe (particularly British films like ''Film/{{Alfie}}'', the films of Creator/AlfredHitchcock, the ''Film/JamesBond'' movies, the output of [[Film/HammerHorror Hammer Film Productions]], and the [[Music/TheBeatles Beatles]] films ''Film/AHardDaysNight'' and ''Film/{{Help}}'', The UsefulNotes/FrenchNewWave from masters such as Creator/FrancoisTruffaut, and Italian films such as ''Film/BicycleThieves'' and the Spaghetti Westerns of Creator/SergioLeone), none of which were subject to the Code, tackled gritty topics that American studios couldn't touch because of the Code. American theaters could show these films without the prior approval of either the MPAA or the Hays Office thanks to the Paramount Decision. While Johnston and Shurlock didn't really care, their subordinates tried to demand the censorship of those films. However, their efforts backfired resulting in the Code ending up looking even more ridiculous and more like a suggestion than the standard. Around this time, domestic filmmakers, such as Sirk, Creator/BillyWilder, Creator/OttoPreminger, Creator/JohnCassavetes, and Creator/StanleyKubrick, mounted serious challenges to the Code in the late 1950's. ''The Pawnbroker'' featured an artistically-essential topless scene and ''Theatre/WhosAfraidOfVirginiaWoolf'' featured equally-essential harsh language. Against the considerable critical acclaim of these films and overwhelming public sentiment, the Hays Office tried to bend--those films were considered "special exceptions"--but this opened the door for every daring filmmaker of the day to ask for similar consideration. This change of criteria also encouraged executives of the major film companies to stop cooperating with the Code in the late 50's and into the 60's when it became clear that the public's opinion of the Code had changed. It was one thing for the Code's censors to have objections about specific content that fell into agreed-upon criteria, but it was a whole other thing for those censors to act as ''de facto'' film critics who could arbitrarily determine which films were of good enough quality to make them "exceptions". Around the late 50s as well, the Catholic Church, who had been the main reason it was created, pulled back from its enforcement of the Code in its parishes because of this and started using an unofficial ratings system. Then in 1965, the Supreme Court essentially ended the MPAA's ability to even attempt censorship (much less banning) over any film with the ''Freedman v Maryland'' decision. The Hays Office saw the writing on the wall and began to close down.

In 1966, as a final act of direct defiance against the Hays Office, MGM released the British-produced film ''Film/{{Blowup}}'', which failed to gain their seal of approval prior due to its relatively explicit erotic content. But because of the Paramount Decision and Freedman v Maryland, nothing could stop MGM from distributing the critically-hailed film, which became a smash hit. Soon after, the Hays Office, alongside the Protestant Film Office, finally closed its doors because of both Freedman v Maryland as well as the fact that their denominational funding was pulled and the Christian groups connected to the effort reportedly didn't care to continue it. Also in 1966, Jack Valenti, who previously served as an aid to President Lyndon B. Johnson, was elected as head of the MPAA with President Johnson's approval and the urging of Universal Studios chief Lew Wasserman, with the promise to move from the Code to a ratings system, so that filmmakers could tell their stories the way that they wanted without fear of censorship while also informing parents of the content within said films. The MPAA Film Rating System was finally enacted in 1968, and though it has altered slightly over the years, it is still in use to this day. The fall of the Hays Code rid Hollywood of the last relic of [[UsefulNotes/TheGoldenAgeOfHollywood Golden Age]] and marked the beginning of the "New Hollywood" era of the late '60s and [[TheSeventies the '70s]]. Unfortunately, the transition from the Code to the rating system (1965-1968) proved awkward with several ugly incidents occurring such as kids watching ''Film/NightOfTheLivingDead1968'' (the first modern adult horror film), thinking it was a harmless zombie film, and [[https://www.rogerebert.com/reviews/the-night-of-the-living-dead-1968 a review]] by film critic Creator/RogerEbert's is as much about how the kids were becoming genuinely traumatized seeing a high-intensity story definitely not made for them.

Compare this with UsefulNotes/TheComicsCode, which enforced similar restrictions on the ComicBook medium.

''The Hays Code'' was the informal name for The Motion Picture Production Code, adopted in 1930 but not seriously enforced until 1934. The Code was a set of rules governing American filmmaking that shaped--and in many ways stifled--American cinema for over three decades before it was phased out during the late 50's and finally set aside in 1965 in favor of the MPAA rating system that is still in use to today. It also happened to completely overlap with UsefulNotes/TheGoldenAgeOfHollywood.

UsefulNotes/ThePreCodeEra of Hollywood cinema stretched from around 1928 to 1933, and the contrast between films made before and after the Hays Code was enacted shows the impact censorship had on American cinema. Films like Creator/HowardHawks' ''{{Film/Scarface 1932}}'' were far more brazen and upfront about DamnItFeelsGoodToBeAGangster, lacking the DoNotDoThisCoolThing tacked-on correctives seen in films like ''Film/AngelsWithDirtyFaces'' (though even during this era, with Hawks' film, the studio added scenes and changed the title to ''Scarface: The Shame of the Nation'' to appease local censorship boards). The landscape was also less politically correct, as actors and actresses played all kinds of roles. Lots of pre-Code films have a surprisingly feminist slant; working women are even regarded with sympathy and affection. William A. Wellman's ''Film/HeroesForSale'' (1933) shows a ShellShockedVeteran returning from UsefulNotes/WorldWarI falling into morphine addiction. Directors such as Josef von Sternberg worked with Creator/MarleneDietrich to create provocative explorations of sexuality and power. 1930's ''Film/{{Morocco}}'' even featured the first lesbian kiss in sound cinema.

During the later years of UsefulNotes/TheSilentAgeOfHollywood and the UsefulNotes/RiseOfTheTalkies, Hollywood became inundated with public complaints about the perceived lewd content of films. Scandals centered around big stars (most infamously Creator/FattyArbuckle) and the ensuing media frenzy made vocal sections of the public call for the government to rein in Hollywood. As luck would have it, the [[UsefulNotes/AmericanCourts U.S. Supreme Court]] had ruled in 1915 that films did not qualify for [[UsefulNotes/TheFirstAmendment First Amendment]] protection.[[note]]The ruling in the 1915 case, ''Mutual Film Corporation v. Industrial Commission of Ohio'', said essentially that because film was a purely commercial endeavor, it therefore had no artistic merit, and thus could not count as free speech. This reasoning was [[InsaneTrollLogic quite obviously nonsensical]], given that many works considered in 1915 to be "obviously" high art from earlier eras (such as the plays of Creator/WilliamShakespeare and the paintings of Creator/LeonardoDaVinci) were at the time of their creation also "purely commercial endeavors", but it was legally binding nonetheless. The decision was overturned in 1952 by ''Joseph Burstyn, Inc. v. Wilson''.[[/note]] Congress began to consider creating a national censorship board akin to the ones found in several states both before and after the ''Mutual'' Decision but nothing came of it.

In 1948, the Supreme Court neutered the MPAA's ability to enforce the Code over all films shown in the US. The "Paramount Decision" (read more about that in UsefulNotes/FallOfTheStudioSystem), among many other things including the rise of television, ended the ability of the "Big 5" (MGM, Paramount, 20th Century Fox, Warner Brothers, and RKO; as well as Universal, Columbia, and United Artists to an extent) to own the entirety of movie production, distribution, and exhibition. The major studios sold their theater chains, which meant they pretty much lost all say in what could be shown in those theaters. This opened a flood door to independent filmmakers who released films that don't apply by the Code. However, the new theater owners were no more eager to incur the wrath of the Hays Office than the Big Five had been, though. In 1953, Breen retired as head of the Hays Office and was replaced by Geoffrey Shurlock, who was far more lenient than Breen was and allowed more things to slip under the radar of the Censorship Board.

** ''WesternAnimation/RedHotRidingHood'' pushed the limits of what was allowed for fanservice on the silver screen. A lot of the [[SomethingElseAlsoRises sexually-charged wild takes]] were removed from prints for general audiences, but were reinstated in copies made for American soldiers fighting overseas during UsefulNotes/WorldWarII.

Creator/StephenColbert's book ''Literature/IAmAmericaAndSoCanYou'' contains a parody "excerpt" from the Code, including rules such as "Characters may not walk and chew gum at the same time," "If [[SomethingElseAlsoRises a train is shown entering a tunnel,]] the tunnel shall not be portrayed as enjoying it," "Characters may not discuss the high suicide rate among dentists in a manner that implies they have it coming," and "For Christ's sake, somebody put a bra on Creator/JeanHarlow". The excerpt also [[NumberOfTheBeast deliberately omits rule #666]], and also [[LOL69 #669]] for good measure.

In 1945, Hays retired as president of the MPAA and Eric Johnson was elected to replace him, keeping it until his death from a stroke in 1963. During his time as MPAA president, Johnson quietly "liberalized" the Code and reduced restrictions. It is believed that Johnson started to consider replacing the Code with a ratings system, in theory based on the age-appropriateness of the film. However, Johnson didn't follow through on this and mainly left censorship to the Hays Office, only stepping in and making decisions when it was the last resort.

But the Supreme Court itself began to undercut the purpose of the Code (to prevent federal government censorship of the film industry) starting in 1952. The Italian film ''The Miracle'' by Roberto Rossellini featured controversial use of religious imagery; its American release provoked a severe outcry. Film distributor Joseph Burstyn sued to have the short film's license reinstated in New York, and the Supreme Court did just that in what is now known as the "Miracle Decision", which helped give film First Amendment protections as an artistic medium, thus further reducing the Code's authority in Hollywood. In the late 1950s and the 1960s, a wave of films from Europe (particularly British films like ''Film/{{Alfie}}'', the films of Creator/AlfredHitchcock, the ''Film/JamesBond'' movies, the output of [[Film/HammerHorror Hammer Film Productions]], and the [[Music/TheBeatles Beatles]] films ''Film/AHardDaysNight'' and ''Film/{{Help}}'', The UsefulNotes/FrenchNewWave from masters such as Creator/FrancoisTruffaut, and Italian films such as ''Film/BicycleThieves'' and the Spaghetti Westerns of Creator/SergioLeone), none of which were subject to the Code, tackled gritty topics that American studios couldn't touch because of the Code. American theaters could show these films without the prior approval of either the MPAA or the Hays Office thanks to the Paramount Decision. While Johnson and Shurlock didn't really care, their subordinates tried to demand the censorship of those films. However, their efforts backfired resulting in the Code ending up looking even more ridiculous and more like a suggestion than the standard. Around this time, domestic filmmakers, such as Sirk, Creator/BillyWilder, Creator/OttoPreminger, Creator/JohnCassavetes, and Creator/StanleyKubrick, mounted serious challenges to the Code in the late 1950's. ''The Pawnbroker'' featured an artistically-essential topless scene and ''Theatre/WhosAfraidOfVirginiaWoolf'' featured equally-essential harsh language. Against the considerable critical acclaim of these films and overwhelming public sentiment, the Hays Office tried to bend--those films were considered "special exceptions"--but this opened the door for every daring filmmaker of the day to ask for similar consideration. This change of criteria also encouraged executives of the major film companies to stop cooperating with the Code in the late 50's and into the 60's when it became clear that the public's opinion of the Code had changed. It was one thing for the Code's censors to have objections about specific content that fell into agreed-upon criteria, but it was a whole other thing for those censors to act as ''de facto'' film critics who could arbitrarily determine which films were of good enough quality to make them "exceptions". Around the late 50s as well, the Catholic Church, who had been the main reason it was created, pulled back from its enforcement of the Code in its parishes because of this and started using an unofficial ratings system. Then in 1965, the Supreme Court essentially ended the MPAA's ability to even attempt censorship (much less banning) over any film with the ''Freedman v Maryland'' decision. The Hays Office saw the writing on the wall and began to close down.

In 1966, as a final act of direct defiance against the Hays Office, MGM released the British-produced film ''Film/{{Blowup}}'', which failed to gain their seal of approval prior due to its relatively explicit erotic content. But because of the Paramount Decision and Freedman v Maryland, nothing could stop MGM from distributing the critically-hailed film, which became a smash hit. Soon after, the Hays Office, alongside the Protestant Film Office, finally closed its doors because of both Freedman v Maryland as well as the fact that their denominational funding was pulled and the Christian groups connected to the effort reportedly didn’t care to continue it. Also in 1966, Jack Valenti ([[WesternAnimation/{{Freakazoid}} and his cheeks]]), who previously served as an aid to President Lyndon B. Johnson (unrelated to previous MPAA president Eric Johnson), was elected as head of the MPAA with President Johnson's approval and the urging of Universal Studios chief Lew Wasserman, with the promise to move from the Code to a ratings system, so that filmmakers could tell their stories the way that they wanted without fear of censorship while also informing parents of the content within said films. The MPAA Film Rating System was finally enacted in 1968, and though it has altered slightly over the years, it is still in use to this day. The fall of the Hays Code rid Hollywood of the last relic of [[UsefulNotes/TheGoldenAgeOfHollywood Golden Age]] and marked the beginning of the "New Hollywood" era of the late '60s and [[TheSeventies the '70s]]. Unfortunately, the transition from the Code to the rating system (1965-1968) proved awkward with several ugly incidents occurring such as kids watching ''Film/NightOfTheLivingDead1968'' (the first modern adult horror film), thinking it was a harmless zombie film, and [[https://www.rogerebert.com/reviews/the-night-of-the-living-dead-1968 a review]] by film critic Creator/RogerEbert's is as much about how the kids were becoming genuinely traumatized seeing a high-intensity story definitely not made for them.

Critic Michael Medved, one of the very few film critics who support MoralGuardians in many cases and who is more recently a right-wing Talk Radio host, makes the argument in at least partial support of the Code: "While many of the specific rules in the old Production Code look thoroughly ludicrous by today’s standards, it is instructive to recall that Creator/AlfredHitchcock and Creator/HowardHawks, Creator/JohnFord and Creator/BillyWilder, Creator/GeorgeCukor and Creator/FrankCapra and Creator/OrsonWelles all somehow managed to create their masterpieces under its auspices." He was rebuked with the counter-argument that films by these directors were made in spite of the Code, and ExecutiveMeddling is responsible for flaws in even the greatest films of this time, especially in the case of Welles. Additionally, Baehr has voiced his support for the Code and, using Movieguide and its sister site The Christian Film and Television Comission, has attempted several petitions for Hollywood to abandon the rating system and institute a "standards based Entertainment Code of Moral Decency" with a slightly updated version of the Code called "The Motion Picture and Television Production Code of Conduct and Moral Decency" or at the very least to re-rate certain films (such as re-rating ''Film/DjangoUnchained'' from R to NC-17). Medved and Baehr also argue that after the demise of the Code, motion picture attendance ''fell''--from ~44 million per week in 1965 (when the Code finally stopped being used) to ~19 million per week in 1969--and that attendance has never reached the levels of the post-TV, pre-ratings age since in absolute numbers (since 2000, for example, attendance in the US & Canada has fluctuated between 25–28 million tickets sold per week) with Baehr additionally claiming that profanity, sex, violence, nudity, and drug use will result in lower box office results for films that have them compared to films that don't have them. Others note that this has little to do with the Code in any real sense. Hollywood had been paranoid about the drop in movie attendance since the loss of their distribution arm, and throughout TheFifties they countered television with a bunch of gimmicky movie exhibitions, and then expensive roadshow releases which in TheSixties became unprofitable thanks to the failures of ''Film/{{Cleopatra}}'' and ''Film/HelloDolly''. There are additional factors that have nothing to do with the importance of censorship.[[note]]The explosive growth in broadcast television, cable, and home video of all kinds since 1977 has helped keep attendance down, but broadcast television was responsible for the previous disastrous drop, from ~90 million tickets sold per week to ~45 million between 1948–53, and attendance had leveled off for the previous decade. Also, the second half of the 1960s saw color broadcasting achieving critical mass. Neither cable nor home video would enter American homes until the late '70s. Historians who try to blame video for ''causing'' the drop off between 1966–69 have a difficult case to make.[[/note]] It's also pointed out that, although the attendance of motion pictures did drop significantly, the movie industry still survived and even prospered. Indeed, the [[https://en.wikipedia.org/wiki/List_of_highest-grossing_films 50 highest grossing movies of all time]] were all made years after the collapse of the Code.