Pre-Code Hollywood

Pre-Code Hollywood was an era in the American film industry that occurred between the widespread adoption of sound in film in the late 1920s and the enforcement of the Motion Picture Production Code censorship guidelines (popularly known as the Hays Code) in 1934. Although the Hays Code was adopted in 1930, oversight was poor, and it did not become rigorously enforced until July 1, 1934, with the establishment of the Production Code Administration. Before that date, film content was restricted more by local laws, negotiations between the Studio Relations Committee (SRC) and the major studios, and popular opinion than by strict adherence to the Hays Code, which was often ignored by Hollywood filmmakers. As a result, some films in the late 1920s and early 1930s depicted or implied sexual innuendo, romantic and sexual relationships between white and black people, mild profanity, illegal drug use, promiscuity, prostitution, infidelity, abortion, intense violence, and homosexuality. Nefarious characters were seen to profit from their deeds, in some cases without significant repercussions. For example, gangsters in films such as The Public Enemy, Little Caesar, and Scarface were seen by many as heroic rather than evil. Strong female characters were ubiquitous in such pre-Code films as Female, Baby Face and Red-Headed Woman, among many others, which featured independent, sexually liberated women. Many of Hollywood's biggest stars, such as Clark Gable, Bette Davis, James Cagney, Barbara Stanwyck, Joan Blondell, and Edward G. Robinson, got their start in the era. However, other stars who excelled during this period, like Ruth Chatterton and Warren William (who is sometimes referred to as the "King of Pre-Code" and who died in 1948), would be largely forgotten by the general public within a generation. Beginning in late 1933 and escalating throughout the first half of 1934, American Catholics launched a campaign against what they deemed the immorality of American cinema. Known as the Legion of Decency (formally, the National Legion of Decency), the campaign exerted intense pressure on the studio system to adopt the strict enforcement of the Production Code in July 1934. This, along with a potential government takeover of film censorship and social research seeming to indicate that movies that were seen to be immoral could promote bad behavior, was enough pressure to force the studios to capitulate to greater oversight.

Origins of the Code (1915–1930)

Earliest attempts for the Code

In 1922, after some risqué films and a series of off-screen scandals involving Hollywood stars, the studios enlisted Presbyterian elder Will H. Hays to rehabilitate Hollywood's image. Hays, later nicknamed the motion picture "Czar", was paid the then-lavish sum of $100,000 a year (equivalent to $1.5 million in 2024 dollars). Hays had previously served as U.S. Postmaster General under president Warren G. Harding and as the head of the Republican National Committee. At the time of his hiring, he was president of the Motion Picture Producers and Distributors of America (MPPDA); he held the position for 25 years and "defended the industry from attacks, recited soothing nostrums, and negotiated treaties to cease hostilities". Hollywood mimicked the decision Major League Baseball had made in hiring judge Kenesaw Mountain Landis as League Commissioner the previous year to quell questions about the integrity of baseball in the wake of the 1919 World Series gambling scandal; The New York Times called Hays the "screen Landis". In 1924, Hays introduced a set of recommendations dubbed "The Formula", which the studios were advised to heed, and asked filmmakers to describe to his office the plots of films they were planning. The Supreme Court had already decided unanimously in 1915 in Mutual Film Corporation v. Industrial Commission of Ohio that free speech did not extend to motion pictures, and while there had been token attempts to clean up the movies before, such as when the studios formed the National Association of the Motion Picture Industry (NAMPI) in 1916, little had come of the efforts.

Creation of the Code and its contents In 1929, Catholic layman Martin Quigley, editor of the prominent trade paper Motion Picture Herald, and Father Daniel A. Lord, a Jesuit priest, created a code of standards (of which Hays strongly approved) and submitted it to the studios. Lord's concerns centered on the effects sound film had on children, whom he considered especially susceptible to the medium's allure. Several studio heads, including Irving Thalberg of Metro-Goldwyn-Mayer (MGM), met with Lord and Quigley in February 1930. After some revisions, they agreed to the stipulations of the Code. One of the main motivating factors in adopting the Code was to avoid direct government intervention. It was the responsibility of the Studio Relations Committee, headed by Colonel Jason S. Joy, to supervise film production and advise the studios when changes or cuts were required. This movement, soon formalised as the National Legion of Decency, in 1934 mobilised parishioners through sermons, printed leaflets and pages, and mass boycotting of all films deemed immoral. This economic pressure suffocated the studios to the extent that they accepted the new set of standards informally imposed upon them. By mid 1934 the campaign had become a significant national movement which triggered a transformation of the constraints within cinematic curation for years to come. The Code was divided into two parts. The first was a set of "general principles" that mostly concerned morality. The second was a set of "particular applications", an exacting list of items that could not be depicted. Some restrictions, such as the ban on homosexuality or the use of specific curse words, were never directly mentioned but were assumed to be understood without clear demarcation. Miscegenation, the mixing of the races, was forbidden. The Code stated that the notion of an "adults-only policy" would be a dubious, ineffective strategy that would be difficult to enforce. However, it did allow that "maturer minds may easily understand and accept without harm subject matter in plots which does younger people positive harm." If children were supervised and the events implied elliptically, the code allowed what Brandeis University cultural historian Thomas Doherty called "the possibility of a cinematically inspired thought crime".

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