Lewis, John. Hollywood V. Hardcore: How the Struggle Over Censorship Saved the Modern Film Industry. New York and London: New York UP, 2000. 135-191.
Chapter 4, titled Hollywood v. Soft Core, examines arguably the most influential year of film censorship to date. In this year, MPAA president Jack Valenti issued a press release to stating that a new production code/ move rating system would be put into place. The same system is still used today to rate films. The chapter does a good job of outlining the events of how this code came into place. The author explains how the "Who's Afraid of Virginia Woolf" was denied by the PCA but began production anyway, anticipating that change was to come. It talks about the controversy over the language such as "screw" and "hump the hostess" were debated and the issues Valenti faced with content regulation. In the end of the meeting, Warner Brothers appealed the PCA's preliminary ruling to deny Who's Afraid of Virginia Woolf and the film was released. Because of the films amazing success, it marked a point in history where the industry was beginning to understand that the Production Code was a dated system. The film was released with a warning stating "for adults only" and ranked third in the box office list in 1966 behind two other mature-themed pictures. This chapter is very useful and entertaining in its explanation of the pressures and challenges that Valenti faced when negotiating the new rating system. It offers a very in depth perspective and takes the reader on a film by film journey of the controversy.Valenti, Jack. "Ratings History: How it All Began". Motion Picture Association of America Online. <http://www.mpaa.org/Ratings_HowItAllBegan.asp>.
This article, written by former president of the MPAA Jack Valenti, details how the MPAA film rating system was conceived. He describes the turbulent national scene in 1966 – women’s rights, civil rights, youth protests, and “crumbling of social traditions.” Since he realized that a “new kind of American movie” was being made by filmmakers with a much more open course of dialogue between the filmmaker and the viewer, filmmakers felt they were subject to fewer restraints and restrictions, simply exercising the will of the people. The Hays Code had been continually challenged through loopholes over the years and the emerging counter-culture seemed determined to throw it out altogether. He describes one instance where MGM tried to market the first major studio picture with nudity, which was denied by the PCA of California. The Supreme Court ruled in 1968 that states could constitutionally prevent children from seeing films but not adults. Filmmakers were becoming more brazen and thus, bad language and controversial images were becoming more common. Ultimately, the rating system had to be created in 1968 to take the place of the now-defunct Hays Code.
This is relevant to Sweet Sweetback’s Baadasssss Song because of the way it was marketed, rated, and ultimately distributed. The film received an X rating “by an all-whyte jury” (according to the film’s opening credits), which went along with the pornographic pretence director Melvin Van Peebles created during production in order to avoid trouble on the set of his controversial film. The rating system was still in its infancy in 1971 when the film was released and thus, many changes in the system were still being implemented. In 1970, the minimum age of admission to R-rated movies was raised from 15 to 16 while X-rated films remained at 17. The audience limitations set by this new system made it even harder for Van Peebles to get exhibitors to play his racy, independent film at first. Of course, the rampant success of the film changed all that, but the historical cinematic context in which Sweetback was released made its initial opening and distribution much tougher. Now, filmmaker's consider it a curse if their film receives the NC-17 rating (replacement for X), since very few papers advertise NC-17-rated films. Sweetback was the shining example of this and this article helps show the impact of the initial X-rating. The film’s rating has since been changed to R.
Drucker, Jerry. "Hays Code: Out-Psyched by Hitch." Los Angeles Times 28 Oct. 1979: w4. Proquest Historical Newspapers. University of Pennsylvania. 7 Apr. 2008.
When North by Northwest was released, the Hays Production Code still had incredible influence. Any film that did not have the official seal was essentially locked out of the major distribution and exhibition avenues. Only two films had ever bypassed the code and despite their box office successes, few studios were willing to risk losing the seal of approval. The code was incredibly strict involving moral standards, and thus sexual and violent undertones needed to be minimized to ensure the Board's approval. This article was written by an insider who had the opportunity to sit inside the Board's screening room as they watched Psycho. It became immediately clear that strong changes were needed; however Hitchcock was known for being unwilling to compromise his autonomy in filmmaking. Thus a strong negotiation ensued in which certain shots were traded with others until the film eventually passed muster.
This showdown between the censors and Hitchcock was inevitably an escalation from his previous film North by Northwest. Full of sexual innuendo and provocative scenes, the Board had objections to many of the frequent references to intercourse throughout the film. Hitchcock carefully avoided overt discussion, often substituting the word "love" for "sex", and using imagery to imply action (for example, a shot of passionate kisses cuts to a shot of their train entering a tunnel). The final cut of the film was risqué for the time period, but managed to successfully hide the sexual references from younger and uncultured minds, which was no doubt a critical hurdle for Hitchcock to overcome in order to obtain the seal for the film. The symbolism and innuendos created require a much more engaged viewer, which ultimately helps to maximize the effects of suspenseful situations.
Variety.com - MPAA tries to remove NC-17 stigma: Glickman takes a hard look at ratings
Sat., Mar. 10, 2007
The court determined that both posting and linking were not protected by the first amendment. They determined that while there is a part of code which is speech, there is also a non-speech component which can be banned under the anti-circumvention clause. Exemptions are provided for reverse engineering and cryptography. However, these exemptions only extend to the cryptographers and the reverse engineers directly. Publishing their results is not considered an exemption. The consequence of this decision is that to prevent lawsuits, technical journals will likely avoid discussion of Digital Rights Management. For example, discovery of important security flaws would not be published because it might hint as to how to break the encryption. Understanding the flaws of the current generation however is essential to enhancing security for in the future. Development of future security methods have continued to be crippled by the DMCA, due to the limited scope of the exemptions.
This article traces the MPAA’s classification of R, X, and NC-17 films. This relates to Stanley Kubrick’s decisions to cut scenes from A Clockwork Orange in order to get an R rating. Sandler argues that Hollywood created the X rating for maximum profitability and freedom of expression only to later avoid it because of its association with pornography and therefore condemnation. The MPAA didn’t copyright the X rating, enabling distributors to self-impose X on unrespectable films. Initially, Hollywood used the sexual connotation of the rating to sell films. The successes didn’t last long. Through editing films to get an R rating, the major studios helped to confirm the end of X rated production…until Showgirls in 1995, which then proved that adult only ratings were to be avoided. The article lists statistics showing the drop off of X rated films and also tells us which studios refused to make them. He also explains the evolution of trailer ratings. The National Association of Theater Owners (NATO) refused X films while pornographers picked them up. We learn of the court cases that defined obscenity and of Hollywood’s fear of losing control of censorship. In 1990, NC-17 was copyrighted and served as a marker between X and R. Due to criticism on freedom of expression, the MPAA hoped to get films out that weren’t thought of as strictly porn. Of course, critics of the new rating said they were just renaming smut. Still, the major studios did not release NC-17 films, causing others to think of them as unmarketable. Also, NATO took a stand against NC-17 by including it with X. We learn that video retailers avoided them, also, which was important to revenue. Sandler then goes on to detail the marketing practices behind Showgirls and how MGM/UA debunked the myth that NC-17 was unmarketable. They were able to advertise in newspapers, television, video rentals, and theatres with special trailers. Still, the film bombed at the box office, thus confirming that NC-17 was to be avoided. He summarizes studies done that confirm people’s negative perception of the NC-17 rating. He addresses other factors that may have led to Showgirl’s box-office failure. He also informs the reader about the not-so independent distributors conflicts in distributing NC-17 films because of their parent companies, namely Miramax and Fine Line.


