11.1 The Implementation and Impact of the Hays Code
5 min read•july 30, 2024
The Hays Code, a system for American films, emerged in 1930 amid public concern over movie content. It banned "," nudity, and profanity while regulating crime and religion portrayals. The code aimed to uphold traditional moral values and avoid government intervention in the film industry.
Enforced by the , the Hays Code significantly impacted filmmaking. It restricted creative freedom, erased , and led to creative workarounds. As social attitudes changed, filmmakers increasingly challenged the code, leading to its decline and replacement by the MPAA rating system in the late 1960s.
Hays Code: Historical Context
Factors Leading to the Creation of the Hays Code
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- The Hays Code, also known as the , was a set of industry guidelines for the self-censorship of content in American films, formally adopted in 1930 and enforced until the late 1960s
- The code was developed in response to increasing public concern over perceived immorality in films, particularly in the wake of several high-profile Hollywood scandals in the 1920s
- Religious groups, particularly the Catholic Church, played a significant role in pressuring the film industry to adopt a code of standards to ensure that movies upheld traditional moral values
- The Supreme Court's 1915 decision in Mutual Film Corporation v. Industrial Commission of Ohio held that motion pictures were not protected under the First Amendment, paving the way for increased censorship
Challenges Prior to the Hays Code
- Prior to the Hays Code, the motion picture industry had faced a patchwork of local and state censorship boards, which often had differing standards and created challenges for film distribution
- The lack of a unified set of guidelines led to inconsistencies in what content was deemed acceptable, making it difficult for filmmakers to create movies that could be widely distributed without facing censorship issues
- The film industry sought to avoid government intervention and maintain creative control by establishing a system of self-regulation through the Hays Code
Hays Code: Key Provisions
Prohibited Content
- The Hays Code prohibited the depiction of "sexual perversion," which included homosexuality, miscegenation (interracial relationships), and any suggestion of sexual relations outside of marriage
- Nudity, suggestive dancing, and lustful kissing were prohibited. The code required that "the sanctity of the institution of marriage and the home shall be upheld" and "excessive and lustful kissing, lustful embraces, suggestive postures and gestures, are not to be shown"
- Profanity, vulgarity, and obscenity were banned, including "pointed profanity" and "every other profane or vulgar expression however used"
Treatment of Sensitive Topics
- Crime and violence could not be portrayed in a way that might inspire imitation or sympathy for criminals. The code stipulated that the "sympathy of the audience shall never be thrown to the side of crime, wrongdoing, evil or sin"
- Religion was to be treated with respect, and ministers of religion were to be portrayed as positive influences in the community
- The code prohibited the ridicule of law and the justice system, stating that "the courts of the land should not be presented as unjust" and "the law, natural or human, shall not be ridiculed, nor shall sympathy be created for its violation"
Hays Code: Impact on Filmmaking
Restrictions on Creative Freedom
- The Hays Code significantly restricted the creative freedom of filmmakers by limiting the subjects, themes, and visual content that could be depicted in American films
- Many filmmakers felt creatively stifled by the code's restrictions, which they saw as arbitrary and overly conservative. Some directors, such as Otto Preminger () and Billy Wilder (), pushed back against the code's limitations in their work
- The code's ban on depicting "sexual perversion" effectively erased LGBTQ+ characters and themes from Hollywood films for decades, contributing to a lack of representation and understanding of these communities
Adaptations and Creative Workarounds
- Crime and gangster films of the 1930s (, ) had to be carefully crafted to avoid glorifying criminal behavior, often including moralistic endings where criminals faced punishment for their actions
- The restrictions on depicting passion and sexuality led to the development of creative visual metaphors and innuendo in films, such as the use of train tunnels or fireworks to suggest sexual activity
- Some argue that the constraints of the code encouraged filmmakers to be more creative in their storytelling and to focus on character development and dialogue rather than relying on explicit content
- Filmmakers found ways to subtly challenge or subvert the code's restrictions, such as the implied homosexuality in Ben-Hur (1959) or the use of double entendres in the dialogue of screwball comedies ()
Hays Code: Enforcement by PCA
Role of the Production Code Administration (PCA)
- The Production Code Administration (PCA) was the enforcement arm of the Hays Code, responsible for reviewing scripts and finished films to ensure compliance with the code's standards
- Studios were required to submit their scripts to the PCA for approval before beginning production. The PCA would suggest changes or cuts to bring the script into compliance with the code
- Films that were approved by the PCA received a seal of approval, which was necessary for distribution in most theaters. Films without the seal faced significant barriers to release and exhibition
Influence of Joseph Breen
- Joseph Breen, who headed the PCA from 1934 to 1954, was known for his strict interpretation and enforcement of the code. Under Breen's leadership, the PCA's power and influence over the content of American films was at its height
- Breen's strict adherence to the code led to numerous conflicts with filmmakers, who often had to make significant changes to their films to obtain PCA approval
- Some filmmakers, such as Howard Hughes (The Outlaw) and Otto Preminger (The Moon is Blue), openly defied the PCA and released their films without the seal of approval, challenging the code's authority
Decline of the Hays Code
- Over time, the PCA's influence began to wane as social mores changed and filmmakers increasingly pushed back against the code's restrictions
- The release of films like The Moon is Blue (1953) and The Man with the Golden Arm (1955) without PCA approval demonstrated the weakening power of the code
- By the late 1960s, the Hays Code had been largely abandoned in favor of the MPAA film rating system, which provided more flexibility in content while still offering guidance to audiences about the suitability of films for different age groups
Key Terms to Review (19)
Film Criticism: Film criticism is the practice of analyzing, evaluating, and interpreting films to provide insights into their artistic, cultural, and social significance. It helps audiences understand the deeper meanings behind films, influences public perception, and shapes the discourse surrounding cinema. By examining elements like narrative structure, visual style, and thematic content, film criticism plays a crucial role in how we appreciate and contextualize cinematic works.
Great Depression: The Great Depression was a severe worldwide economic downturn that lasted from 1929 until the late 1930s, profoundly impacting various aspects of life, including the film industry. This era created an environment of economic struggle that shaped the themes and styles of films, leading to significant changes in storytelling, character development, and audience expectations.
His Girl Friday: His Girl Friday is a classic American screwball comedy film released in 1940, known for its fast-paced dialogue and clever use of gender dynamics. The film features a female newspaper reporter, Hildy Johnson, who is portrayed as both independent and competent, challenging traditional gender roles of the time. This cinematic work is significant for its sharp wit and the way it reflects and critiques societal norms around gender and sexuality during an era heavily influenced by the Hays Code.
Hollywood Blacklist: The Hollywood Blacklist refers to the practice during the late 1940s and 1950s of denying employment to individuals in the film industry who were suspected of having communist ties or sympathies. This phenomenon arose during a period of heightened anti-communist sentiment in the United States, significantly impacting careers and creative expression within the cinema landscape.
Joseph I. Breen: Joseph I. Breen was an American film industry executive and the chief enforcer of the Hays Code from 1934 until the early 1950s. His role was crucial in shaping the content of Hollywood films, ensuring that they adhered to strict moral guidelines aimed at avoiding scandal and maintaining a family-friendly image. Breen's oversight led to significant changes in film production, impacting storytelling and censorship practices in American cinema during that period.
Lgbtq+ representation: LGBTQ+ representation refers to the visibility and inclusion of lesbian, gay, bisexual, transgender, queer, and other sexual and gender minority identities in media and film. This concept is crucial in shaping societal perceptions, fostering acceptance, and influencing cultural narratives around diverse sexual orientations and gender identities. Historically, representation has varied widely in American cinema, particularly with the restrictions imposed by the Hays Code.
Little Caesar: Little Caesar is a 1931 American pre-Code gangster film directed by Mervyn LeRoy, based on the 1929 novel of the same name by William R. Burnett. The film is considered one of the first major gangster films in Hollywood history and played a pivotal role in shaping the genre during the early years of sound cinema, especially in relation to the enforcement of moral standards by the Hays Code.
Moral Standards: Moral standards refer to the principles and values that govern what is considered right or wrong behavior within a society. These standards guide individuals and institutions in making ethical decisions, especially in contexts where behavior may impact the well-being of others. In the realm of cinema, moral standards shaped content to ensure that films adhered to socially acceptable norms, influencing both storytelling and audience perceptions.
Motion picture production code: The motion picture production code, commonly known as the Hays Code, was a set of industry guidelines established in the 1930s to regulate the content of films in order to ensure moral standards and avoid government censorship. It sought to prevent films from depicting anything considered offensive, including violence, sexual content, and themes that contradicted prevailing social norms. This self-censorship significantly influenced filmmaking practices and narratives throughout the mid-20th century, shaping both the art and commerce of cinema.
Production Code Administration: The Production Code Administration (PCA) was an organization established in 1934 to enforce the Hays Code, a set of moral guidelines for film content in the United States. The PCA aimed to regulate the production of films to ensure they adhered to these moral standards, influencing the themes, dialogue, and visuals in Hollywood productions. Its oversight significantly impacted how films portrayed controversial topics, ultimately shaping American cinema during its enforcement period.
Public backlash: Public backlash refers to a strong and often negative reaction from the general population towards a particular action, policy, or cultural trend. This phenomenon can manifest in various forms, such as protests, boycotts, or significant shifts in public opinion. In the context of the Hays Code, public backlash played a crucial role in shaping the moral and ethical standards imposed on the film industry, leading to strict censorship and a re-evaluation of film content during the early to mid-20th century.
Self-censorship: Self-censorship is the act of consciously restricting one's own speech, writing, or other forms of expression based on perceived social norms, legal standards, or personal beliefs. This practice often stems from the desire to avoid controversy, backlash, or repercussions, and can significantly impact the creative process, particularly in film and media industries under strict regulatory frameworks like the Hays Code.
Sexual perversion: Sexual perversion refers to sexual practices or desires that deviate from what is traditionally accepted as 'normal' or socially acceptable behavior. Within the context of early American cinema, particularly with the implementation of the Hays Code, this term encompasses a range of behaviors and themes that were deemed inappropriate for mainstream film audiences, influencing how filmmakers approached topics of sexuality.
Some Like It Hot: Some Like It Hot is a classic American comedy film directed by Billy Wilder, released in 1959. The film stars Tony Curtis and Jack Lemmon as two musicians who disguise themselves as women to escape from mobsters, leading to a series of humorous and chaotic situations. Its themes of cross-dressing and gender identity connect deeply with censorship practices of the time, the influence of the Hays Code on film content, and the evolving portrayal of gender roles and sexuality in pre-1960s cinema.
The Jazz Singer: The Jazz Singer is a landmark 1927 film that is widely regarded as the first feature-length motion picture to incorporate synchronized sound, specifically spoken dialogue and musical numbers, revolutionizing the film industry. This pivotal film marked the transition from silent films to sound films and had a significant impact on the artistic and technological developments in cinema, shaping future productions and storytelling techniques.
The Moon is Blue: The phrase 'the moon is blue' refers to a notable censorship case surrounding the 1951 film of the same name, which became a focal point in discussions about the limits of censorship in American cinema. The film’s content challenged the existing moral standards set by the Hays Code and sparked significant debate about what was deemed acceptable for audiences. This case highlighted the tensions between artistic expression and regulatory frameworks, which often sought to impose strict controls over film content during that era.
The Public Enemy: The Public Enemy is a classic 1931 American gangster film directed by William A. Wellman, showcasing the rise and fall of a young hoodlum, Tom Powers. The film is significant for its portrayal of crime and its consequences, highlighting themes of morality, violence, and the impact of the Hays Code, which sought to regulate content in Hollywood films during this era. It is often considered a seminal work in the gangster genre and reflects broader societal attitudes toward crime and punishment.
Will H. Hays: Will H. Hays was an influential American politician and businessman who served as the first president of the Motion Picture Producers and Distributors of America (MPPDA) from 1922 to 1945. He is best known for his role in the implementation of the Hays Code, a set of moral guidelines that governed the content of films produced in Hollywood, which aimed to maintain a level of decency and avoid controversy in film narratives.
World War II: World War II was a global conflict that lasted from 1939 to 1945, involving the vast majority of the world's nations divided into two opposing military alliances: the Allies and the Axis powers. This significant event had a profound impact on American cinema, shaping its themes, narratives, and cultural reflections during and after the war.