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Original Articles

Moral responsibility and commercial entertainment: social control in the United States film industry, 1907–1968

Pages 3-31 | Published online: 15 Sep 2006

NOTES

  • The Chicago Tribune in 1907 as quoted in Ramsaye Terry A Million and One Nights Simon & Schuster New York 1926 478 478
  • Quoted in Block v. Chicago 1909 239 Ill. 251, 87 N.E. 101.
  • Quoted in Carmen Ira H. Movies, Censorship and the Law University of Michigan Press Ann Arbor 1966 187 187
  • Wiebe , Robert H. 1967 . The Search for Order , 169 – 169 . New York : Hill & Wang .
  • For a detailed examination of the issues surrounding the child and concerns about the movies see Jowett Garth S. Film: the democratic art Little, Brown Boston 1976 77 83
  • For details of this case see Jowett Garth S. ‘A capacity for evil’: the 1915 Supreme Court Mutual decision Historical Journal of Film, Radio and Television 1989 9 62 63 Richard S. Randall (1968) Censorship of the Movies, pp. 11–13 (Madison, The University of Wisconsin Press); and I. H. Carmen, op. cit., pp. 186–188.
  • De Grazia , Edward and Newman , Roger K. 1982 . Banned Films , 178 – 178 . New York : R. R. Bowker .
  • For more details of this incident see Jowett G.S. Film: the democratic art 111 116
  • In 1931, in the communities of Orange and Maplewood, New Jersey, the mayors of those towns tried to force movie house owners to stop showing gangster films because a young boy had been accidentally killed while “demonstrating a scene from an underworld picture”. See Jowett G.S. Film: the democratic art 243 244
  • The best overall review of the National Board of Censorship are Feldman Charles M. The National Board of Censorship (Review) of Motion Pictures 1909–1922 Arno Press New York 1977 and more recently, an important revisionist perspective which clarifies the role of the National Board and movie industry's response to the problem of censorship is Nancy J. Rosenbloom (1987) Between reform and regulation; the struggle over film censorship in progressive America, 1909–1922, Film History, 1(4), pp. 307–325.
  • Rosenbloom , N.J. 1987 . Between reform and regulation; the struggle over film censorship in progressive America, 1909–1922 . Film History , 1 ( 4 ) : 310 – 310 .
  • Rosenbloom , N.J. 1987 . Between reform and regulation; the struggle over film censorship in progressive America, 1909–1922 . Film History , 1 ( 4 ) : 311 – 311 .
  • The reasons for this concern about the movies involve a complex mixture of politics, religious beliefs and “loss of status” by the previously dominant Protestant group, which feared the rise of “outside cultures” such as Catholicism and Judaism. This argument is developed in G. S. Jowett (1989) ‘A capacity for evil’: the Supreme Court Mutual decision, op. cit. For an additional discussion of the issues surrounding the fear of the movies in American society see Sklar Robert Movie-Made America Random House New York 1975 and Lary May (1980) Screening Out the Past (New York, Oxford University Press).
  • Editorial in the Outlook 1914 June 598 598 20
  • Collier , John . October 1915 . “ Censorship and the National Board ” . In Survey October , 11 – 11 . 2 Collier was the General Secretary of the National Board and a strong advocate of child welfare. He played an important role in the fight for “freedom of expression, with responsibility” for the movies during this crucial period.
  • Collier , John . October 1915 . “ Censorship and the National Board ” . In Survey October , 14 – 14 . 2
  • Mutual 242 – 242 . (emphasis added).
  • The historical context for assessing the reasons behind the Mutual decision are extensively dealt with in Jowett G.S. ‘A capacity for evil’: the 1915 Supreme Court Mutual decision
  • Mutual 244 – 244 .
  • Collier , John . September 1915 . “ The learned judges and the films ” . In The Survey September , 516 – 516 . 14
  • Collier , John . September 1915 . “ The learned judges and the films ” . In The Survey September , 516 – 516 . 14 (emphasis added).
  • These two hearings have been conveniently made available in reprint editions (1978). They are US House of Representatives, Committee on Education, Motion Picture Commission Hearings, 1914; and US House of Representatives, Committee on Education, Motion Picture Hearings Arno Press New York 1916
  • Rosenbloom , N.J. 1987 . Between reform and regulation; the struggle over film censorship in progressive America, 1909–1922 . Film History , 1 ( 4 ) : 317 – 317 .
  • Rosenbloom , N.J. 1987 . Between reform and regulation; the struggle over film censorship in progressive America, 1909–1922 . Film History , 1 ( 4 ) : 317 – 317 .
  • Donald R. , Young . 1922 . Motion Pictures: a study in social legislation , 45 – 45 . Philadelphia : Westbrook Publishing Company . emphasis added.
  • The concept of the “custodians of culture” is developed at length in May Henry F. The End of American Innocence Alfred A. Knopf New York 1959 30 39 May notes: “The dangers of being a custodian of culture were great. One could easily come to identify all that made life valuable with one's own stock of knowledge” (p. 31).
  • For further details of the Thirteen Points see Jowett G.S. Film: the democratic art 157 158
  • May 1921 . The New York Times May , 2 – 2 . 1
  • 1921 . Federal Trade Commission v. Famous Players-Lasky et al. Complaint no. 835
  • Ramsaye , Terry . 1926 . A Million and One Nights , 815 – 816 . New York : Simon and Schuster .
  • The details of Hays's appointment are shrouded in mythology. See Jowett G.S. Film: the democratic art 164 166
  • Commonwealth of Massachusets . 1922 . “ Number of Assessed Polls, Registered Voters ” . In Public Document No. 43 428 – 431 . These raw results must be read in conjunction with another document, which provides the best account of this neglected piece of American film history. See US Congress, House, Committee of Education, Hearings, Proposed Federal Motion Picture Commission 69th Congress, 1st Session, 1926, pp. 398–404. This is a much more balanced assessment of the role of the Hays Office, and the various methods used to bring about the defeat of the censorship bill.
  • See Hays's own feelings in his memoirs, Hays Will H. The Memoirs of Will H. Hays Doubleday & Co. Garden City 1955 333 333
  • July 1922 . The New York Times July , 12 – 12 . 25
  • Movie attendance statistics on this gross level are notoriously inaccurate, but the trend upwards was real. What is of greater signficance is the increase in attendance per household from 1.56 in 1922 to 3.00 in 1930. For further details see Jowett G.S. Film: the democratic art 475 475 Appendix VII
  • Raymond , Moley . 1945 . The Hays Office , 133 – 133 . New York : Bobbs-Merrill Company .
  • The history of this Committee and of the Hays Office role in co-opting these organizations is well documented in Shenton Herbert The Public Relations of the Motion Picture Industry Federal Council of Churches New York 1931 reprinted New York, Jerome S. Ozer, 1971.
  • Quoted in Moley R. The Hays Office Bobbs-Merrill Company New York 1945 138 138
  • National Education Association . 1922 . Proceedings Vol. 60 , 254 – 254 .
  • February 1932 . Harrison's Reports February , 27 Quoted in Ruth Inglis (1947) Freedom of the Movies, p. 119 (Chicago, University of Chicago Press).
  • The coming of sound issue is neatly summarized in Gomery Douglas The coming of the talkies: invention, innovation, and diffusion The American Film Industry Balio Tino The University of Wisconsin Press Madison 1976 193 211 in
  • The best overall count of the origin and workings of the Legion of Decency is found in Facey Paul W. The Legion of Decency: a sociological analysis of the emergence and development of a pressure group Arno Press New York 1974
  • For details of the Formula see Moley 55 59
  • For further details see Shenton 125 125
  • The role of the Studio Relations Department is summarized in Moley 63 67 and Shenton, pp. 124–129.
  • Moley . 65 – 65 .
  • Jowett . Film: the democratic art 239 – 239 . op. cit.
  • January 1930 . Christain Century January , 157 – 157 . 22
  • Hays , W.H. Memoirs 434 – 434 .
  • The issue of the Motion Picture Production Code's origins has recently been revived in the important work of Steven Vaughn (1990) Morality and entertainment: the origins of the Motion Picture Production Code, Journal of American History (forthcoming). For a detailed examination of the history of the Motion Picture Production Code see Sargent John A. Self-regulation: the Motion Picture Production Code, 1930–1961 University of Michigan 1963 Ph. D. dissertation passim. The Code's origins are also discussed in R. Inglis, p. 116 and R. Moley, p. 58.
  • Moley , R. 71 – 71 .
  • The Motion Picture Producers of America, Inc. The Motion Picture Production Code: reasons supporting the premable
  • Lewis , Howard T. 1933 . The Motion Picture Industry , 388 – 388 . New York : D. Van Nostrand Co. .
  • In addition to Facey Paul W. op. cit. Legion of Decency: a sociological analysis of the emergence and development of a pressure group Arno Press New York 1974 see John M. Phelan, S. J., (1968) The National Catholic Office for Motion Pictures: an inverstigation of the policy and practice of film classification, Ph. D. dissertation, New York University.
  • Facey , P.W. 45 – 46 .
  • Quoted in Sargent J.A. 31 32
  • Corliss , Richard . 1969 . The Legion of Decency . Film Comment , 4 ( 4 ) : 26 – 26 . summer There were slightly more than 20 million Catholics in the United States at this time.
  • Goldstein , Sidney E. 1936 . “ The motion picture and social control ” . In The Movies on Trial , Edited by: Perlman , William J. 214 – 215 . New York : Macmillan . in
  • Corliss , R. 30 – 30 .
  • For a detailed examination of the moral philosophy of these documents see Phelan 45 47
  • The legion threatened actual boycotts of movie houses in several cities. Only in Philadelphia was this threat actually carried out, and the result was a decrease in the box-office. For further details of this and other actions of the Legion see Jowett G.S. Film: the democratic art 246 256 and J. A. Sargent, p. 71.
  • Of course, the movie industry claimed that the etablishment of the PCA was not due to Legion pressure, but Moley did concede that Hays had been unable to force the industry leaders to mend their ways, and that “only the appearance of some spectacular guarantor of mass support as the Legion of Decency … and … only when support was mobilized for all to see, could Hays bring to swift fruition the work of the previous twelve years” Moley R. 85 85
  • Janes , Robert William . 1939 . The Legion of Decency and the motion picture industry , University of Chicago . M. A. thesis passim.
  • Facey , P.W. 151 – 153 .
  • The history of the Hollywood producers' attempts to work around the Code is covered in Vizzard Jack See No Evil Simon & Schuster New York 1970 see also G. S. Jowett, Film: the democratic art, pp. 396–400.
  • For additional perspectives on this important topic see also, Buscombe Edward Thinking it differently: television and the film industry Quarterly Review of Studies 1984 198 203 Douglas Gomery (1984) Failed opportunities: the integration of the US motion picture and television industries, ibid., pp. 219–228; Robert Vianelo (1984) The rise of the telefilm and the networks' hegemony over the motion picture industry, ibid., pp. 204–218; and Gary Edgerton & Cathy Pratt (1983) “The Influence of the Paramount Decision on Network Television in America, Quarterly Review of Film Studies, summer, pp. 9–23.
  • Conant , Michael . 1960 . Antitrust in the Motion Picture Industry , 13 – 14 . Berkeley : University of California Press .
  • Kracauer , Siegfried . 1948 . Those movies with a message . Harper's , 196 June : 568 – 568 . For a provocative examination of Hollywood's foray into “message films”, see: Herbert J. Gans (1964) The rise of the problem-film: an analysis of changes in Hollywood films and the American Audience, Social Problems, 11, pp. 327–336. Gans argues that changes in film content are due to changes in the audience, and that such films can be of benefit.
  • Hodgkins , Eric . 1949 . A round table on the movies . Life , 26 June : 104 – 104 . 27
  • 1949 . Variety , March : 1 – 1 . 9
  • April 1950 . The New York Times April , 1 – 1 . 2 Sec. 2
  • There is a great deal of intellectual controversy on the subject of changing values. For a detailed examination of this difficult issue see Kluckhohn Clyde Have there been discernible shifts in American values during the past generation? The American Style Morrison Elting E. Harper & Brothers New York 1958 145 217 in There is also the fact that the movies' exploration of ‘adult’ themes had never really caught up with either literature or the theater. This was especially true in the period 1946–1960. Eventually, facing economic ruin, the film industry pushed ahead of the theater, especially in the portrayal of sexual material.
  • For a useful review of censorship activities in this period see Ayer Douglas Bates Roy E. Herman Peter J. Self-censorship in the movie industry: an historical perspective on law and social change Wisconsin Law Review 1970 3 791 838 1970
  • 343 US 495 (1952). The best accounts of this important case are found in I. H. Carmen; Ernest David Giglio (1964) The decade of the miracle, 1952–1962: a case study in the censorship of the American motion picture, D. SS. dissertation, Syracuse University. See also, Westin Alan F. The Miracle Case: the Supreme Court and the movies Inter-University Case Program No. 64 University of Alabama Press Alabama 1961
  • 1948 . 334 US 131 45 – 45 . Quoted in I. H. Carmen
  • 1961 . 365 US 43
  • 1965 . 380 US 51 at 57–58.
  • Randall , R.S. 39 – 41 .
  • May 1953 . Variety May , 5 – 5 . 27 (The interesting point here is that The Moon Is Blue had been shown on the Broadway stage without any complaints.)
  • Interview with Preminger by Bogdanovich Peter On Film 1970 1 0 40 40
  • August 1953 . Variety August , 5 – 5 . 19
  • Cinema . December 1956 . Time no. 68 December , 28 – 28 . 24
  • December 1956 . The New York Times December , 28 – 28 . 17
  • December 1956 . The New York Times December , 24 – 24 . 30
  • May 1957 . Variety May , 1 – 1 . 1 An interesting rumor sprang up in later years that Warner Brothers had destroyed all the prints of this film. See R. Corliss, p. 47.
  • The best description of the philosophy behind these changes is found in Phelan J.M. 98 98
  • Phelan , J.M. 74 – 74 .
  • Hamilton , Jack . September 1959 . “ Hollywood bypasses the Production Code ” . In Look September , 82 – 82 . 23
  • Vizzard , J. 159 – 171 .
  • December 1959 . Variety December , 17 – 17 . 9
  • The Big Leer, Time 1961 June 77 55 55 9
  • The most detailed examination of the events, economic, political and legal, leading up to the adoption of the ratings system is et al. Self-Censorship in the Movie Industry: An Historical Perspective on Law and Social Change 1961 op. cit.
  • 1968 . 390 US 676
  • 1968 . 390 US 629
  • May 1968 . Variety May , 4 – 4 . 22
  • Farber , Stephen . 1972 . The Movie Rating Game , Washington, DC : Public Affairs Press .
  • Austin , Bruce . 1989 . Immediate seating: a look at movie audiences , 110 – 110 . Belmont, CA : Wandsworth .

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