Pre-Code Hollywood: Sex, Immorality, and Insurrection in American Cinema, 1930–1934 by Thomas Doherty
This book has an interesting, counter-intuitive premise. For some context, the traditional argument is that the US film industry’s “Hays Code” stifled creativity and constrained artists from 1934 to 1968. Under the code happy endings were mandated. Evil had to be punished. Homosexuality could not appear on screen. Absolutely no nudity was shown. As the book states, cracks began to show in 1950, and those got larger until the code’s demise in 1968. Generally, this Catholic moralist oversight is viewed as even worse than today’s interference by studio executives. Professor Thomas Doherty has studied 1930s films extensively, so when he characterizes the 1930-1934 period, when the code existed, but had no teeth, as descending into immorality and accepting of nudity, he sees a lack of subtlety and a failure by the producers of American cinema to provide appropriate content to their audience.
Note that I used the singular, audience. Therein lies my initial disagreement with Doherty. While he acknowledges the heterogenous nature of moviegoers, he considers the medium to be akin to radio. When we change the station it all has to abide by the FCC and all be appropriate (until 11 PM) for listeners of all ages. And within those constraints we have talk radio, country music, pop music, classic rock, etc… Just as American cinema had, and has, many genres. Yet Doherty views the whole Golden Age of Hollywood (1934-1950) as a product of the Code. Moreover that, much like our age, American society and its government faced new challenges that questioned the very validity or our culture. The Great Depression exposed Rugged Individualism as a sham and the films of that era reflecting the growing dissatisfaction with it.
The traditional American historical narrative teaches us that FDR and the New Deal started the recovery that World War II completed. Perhaps on a moral and emotional level Doherty’s theory has some value. He argues that having Catholics come in protect the morality and content of Hollywood held our union together, or at least played a positive role in doing so. I do not know if Thomas Doherty was raised Catholic, but I was not. So when I read about Catholics coming in and intimidating Jewish businessmen, my knee jerk is not to assume the bullying Catholics are morally superior. Particularly in the United States where liberty is held so high. Especially in a time period where Jewish writers and artists were relegated to comic books. Thus the censorship of a few Catholics, whose morals required the exclusion of homosexuals, without even bothering to explicitly state that, offends me.1 The magnificent Fantasia would have been the same, with or without the Code. Citizen Kane got Orson Welles blacklisted in Hollywood, while RKO soon went out of business. I cannot imagine that the Code had any positive impact on that great film. The Long Goodbye was better than its original, The Big Sleep, showing at least in one instance how the post-code 1970s can create art without those constraints. To be fair, having no rules and no restrictions can lead to self-indulgence. It would be disingenuous to have my experience with films and literature created under Communism and to disregard the role that rules played in much of those films. Pushing the envelope and being creative in ways to get the same message across without tipping off the censors, has created some great art and let artists show off a skill that no rules would not have allowed them to show.
Where Doherty’s argument really bothers me is the synthesis between American-Catholic moral superiority and the fear of children receiving adult entertainment or learning alternative values. The MPAA is incredibly flawed. Honestly, TV channels do a better job of self-labeling than the MPAA does with their rating system. This is the system that prohibits male genitalia as much as it fears female enjoyment of sex. The system that permits cartoonish violence over the more realistic. Pixar movies do a good job of creating films that work on multiple levels, that provide moral guidance as well as enjoyment. No set of rules can make every movie as good as their movies. And no set of moral guidelines can get it right all by itself. If it had been 1930s Jews bullying Catholics with their morals I would have as much of a problem with the end result as I did with the Hays Code. When a coach hinders their players, yet those players succeed in spite of them, you do not laud the coach. Sports history is replete with people who fought against progress, yet had the talent to overcome unhelpful coaching. Some people needs rules, if only to rebel against them, and others manage to succeed regardless. Doherty tries to credit the bad coach with the team’s success.
Doherty also offers that this era impacted the American cinematic history very little. The basis for this is two-fold. First, film historians go back and look for earlier and earlier works to highlight as seminal to the filmmakers who followed them. The Code rendered these earlier films almost irrelevant. It was as if film was reborn. He may have been right, in the short run, but I doubt it. Take 1931 as an example year. How many of these have you heard of: Frankenstein, M, Dracula, City Lights, Dr. Jekyll and Mr. Hyde, The Public Enemy and Little Caesar? The impact of those films are still felt today. What I have taken from this is that Doherty is a very talented writer who wants film to play a role in saving society. While I am not convinced he certainly made me consider his counterintuitive theses.
1 Note, that if it had been a few ultra Orthodox Jews whose morals prevailed in 1930, the moralizing would not have been okay, particularly not towards homosexuals. It would have been even less accepting of pre-marital sex. But there is no Jewish crusade or Jewish Inquisition, only Crusaders who killed Jews and Spanish Catholics who tortured and killed Jews. That context matters. ↩