The Hays Code, a self-censorship system for American films, emerged in 1930 amid public concern over movie content. It banned "sexual perversion," 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 Production Code Administration, the Hays Code significantly impacted filmmaking. It restricted creative freedom, erased LGBTQ+ representation, 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

• The Hays Code, also known as the Motion Picture Production Code, 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 (The Moon is Blue) and Billy Wilder (Some Like It Hot), 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 (Little Caesar, The Public Enemy) 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 (His Girl Friday)

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