Doherty, Pre-Code Hollywood
Doherty, Pre-Code Hollywood
Doherty, Pre-Code Hollywood
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CHAPTER ONE
Pre-Code Hollywood
Sex, Immorality, and Insurrection in American Cinema,
1930-1934
By THOMAS DOHERTY
Columbia University Press
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expression than would be permitted after the Code, when the range
was fenced in and the deputies were on duty.
That four-year interval marks a fascinating and anomalous
passage in American motion picture history: the so-called pre-Code
era, when censorship was lax and Hollywood made the most of it.
Unlike all studio system feature films released after July 1934, preCode Hollywood did not adhere to the strict regulations on matters
of sex, vice, violence, and moral meaning forced upon the balance
of Hollywood cinema. In language and image, implicit meanings
and explicit depictions, elliptical allusions and unmistakable
references, pre-Code Hollywood cinema points to a road not taken.
For four years, the Code commandments were violated with
impunity and inventiveness in a series of wildly eccentric films.
More unbridled, salacious, subversive, and just plain bizarre than
what came afterwards, they look like Hollywood cinema but the
moral terrain is so off-kilter they seem imported from a parallel
universe.
In a sense pre-Code Hollywood is from another universe. It lays
bare what Hollywood under the Code did its best to cover up and
push off screen. Sexual liaisons unsanctified by the laws of God or
man in Unashamed (1932), Blonde Venus (1932), and She Done
Him Wrong (1933); marriage ridiculed and redefined in Madame
Satan (1930), The Common Law (1931), and Old Morals for New
(1932); ethnic lines crossed and racial barriers ignored in The Bitter
Tea of General Yen (1933), The Emperor Jones (1933), and
Massacre (1934); economic injustice exposed and political
corruption assumed in Wild Boys of the Road (1933), This Day and
Age (1933), and Gabriel Over the White House (1933); vice
unpunished and virtue unrewarded in Red Headed Woman (1932),
Call Her Savage (1932), and Baby Face (1933)in sum, pretty
much the raw stuff of American culture, unvarnished and unveiled.
Of course Hollywood after 1934 is a rich index of all the above
too. The fractures of American life, still less the open embrace of
sex, did not close up when the Code clamped down. No matter how
rigid the body cast, Hollywood cinema is too supple and expressive
an art to constrain what Walt Whitman celebrated as "nature without
check with original energy." The Code seal stamped on Alfred
Hitchcock's Notorious (1946) did not keep Ingrid Bergman and
Cary Grant from simmering with erotic passion and flaunting the
sacrament of marriage, nor did it temper the plight of the
dispossessed or strangle the voice of protest in John Ford's version
of John Steinbeck's The Grapes of Wrath (1940). Always too, in the
hidden recesses of the cinematic subtext, under the surface of
avowed morality and happy endings, Hollywood under the Code is
fraught with defiance of Code authority.
But in pre-Code Hollywood the fissures crack open with rougher
edges and sharper points. What is concealed, subterranean, and
repressed in Hollywood under the Code leaps out exposed, on the
surface, and unbound in Hollywood before the Code. Often what is
seen and heard in pre-Code Hollywood is not so much as glimpsed
or whispered in Codified Hollywood. Images, language, ideas, and
implications are projected on screen with blunt force and
unmistakable meaning. Aptly dubbed "the motion picture industry's
Magna Charta of official decency," the Production Code set down
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product [of a mind] and the cause of definite effects, it has a deep
moral significance and an unmistakable moral quality." As such,
motion pictures demanded responsible handling from those who
traffic in them and careful monitoring from those who shepherd the
flock.
Though the tones echoed the intellectual lineage of Ignatious
Loyola, the Code rightly presumed a broader constituency, a wellfounded confidence that sound-thinking Americans, Catholic and
non-Catholic alike, need not debate the right or wrong of some
issues or even utter aloud certain unpleasant matters. Pronouncing
the document "consonant with public opinion ... censorship or no
censorship," the poet and biographer John Drinkwater detected
"nothing in the moral aspects of the Code to which reasonable
objection can be taken." In an age of moral consensus, at least
among the moral guardians, the zone of agreement was large, the
areas of legitimate controversy small, and the realm "beyond the
pale" self-evident. "Even within the limits of pure love," asserted the
Code delicately, "certain facts have been universally regarded by
lawmakers as outside the limits of safe presentation." Father Lord
and Mr. Quigley saw no need to defile the document by typesetting
long lists of "pointed profanity" or "vulgar expressions." Likewise,
the prohibition against homosexuality dared not speak the name, but
it didn't need to. "Impure love, the love which society has always
regarded as wrong and which has been banned by divine law ...
must not be presented as attractive and beautiful." However, another
kind of forbidden love did warrant prohibition by name:
"Miscegenation," precisely defined as "sex relationships between
the white and black races," was never permitted.
Lending the Code moral authority and widespread acceptance
was the composition of Hollywood's audience, conceived to be a
great undifferentiated Public comprised of all ages, classes, and
moral sensibilities. On the universality of Hollywood cinema, both
the censors and the studios agreed: everyone goes to the movies.
"Most arts appeal to the mature," declared the Code. "This art
appeals at once to every classmature, immature, developed,
undeveloped, law-abiding, criminal." Given the nature of the mass
medium, an "`adults only'" policy would never be "completely
satisfactory" and "only partially effective" even were Hollywood
willing to shut out its most loyal customers, the young and
gregarious. "Films, unlike books and music, can with difficulty be
confined to certain selected groups," asserted the Code. So reasoned
Dr. Harlan T. Horner, assistant commissioner of education for New
York, in upholding a statewide ban on The Mystery of Life (1931), a
nature documentary featuring trial lawyer Clarence Darrow
discoursing upon the theory of evolution. "What constitutes decency
in a plan of general public amusement open to both sexes and all
ages may be vastly different from what constitutes decency before a
restricted audience brought together for scientific or educational
purposes," explained Dr. Horner. "In this case, the presentation of
such views taken in connection with the explanation of them in a
public moving picture house, wholly unrestricted, constitutes
indecency." Graduate students in medicine might watch the love life
of one-cell animals, snails, and spiders, but not the young and the
old, the male and the female mixed together indiscriminately.
In 1930, to circumvent government regulation and squelch the
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Office Wife (1930), the camera follows Joan Blondell's legs into a
bathroom, where her lingerie drops to the floor as she disrobes. The
camera remains focused on her legs as she slips out of her chemise,
her arms entering the frame from above, thereby conjuring an image
of the naked actress bending over, her dorsal exposure beckoning in
offscreen space should the camera tilt upward just a few inches
higher. In pre-Code Hollywood, even what the spectator doesn't see
is more nakedly suggested. Under the Code, so explicit a mental
imagethat is, an image not even depicted on screen but merely
planted in the spectator's mindwould be too arousing to summon
up.
Just as the Code monitored explicit images in offscreen space, so
too did it regulate images that existed only contingently if at all.
Where the unseen body of Joan Blondell from The Office Wife is
sharply outlined, the offscreen images in Hollywood under the Code
are blurred and indistinct. The very obscurity of the image, its
openness to varied interpretations, was precisely what allowed the
Code to grant it a conditional existence. Under this formulation,
sophisticated and morally fit adults picked up on the shady
implications their guileless but susceptible children missed. The
Code itself recognized the two levels of comprehension: "Maturer
minds may easily understand and accept without harm subject
matter in plots which does younger people positive harm." Provided
the children were quarantined and the meaning was elliptical, the
Code permitted the possibility of a cinematically inspired thought
crime. Two examplesone from the fully operating years of Code
regulation, one from the lax enforcement of the pre-Code
interregnumillustrate the universe of difference.
Leo McCarey's Make Way for Tomorrow (1937) is a
heartbreaking melodrama about an impoverished elderly couple,
played by Frank Morgan and Beulah Bondi, who are forced to
depend on the kindness of familiars, the ungrateful brats who are
their grown children. Farmed out to two sets of homes, separated for
the first time in fifty years of marriage, they endure the humiliation
of being the recipients of filial charity unwillingly given. The
grandmother finds shelter but not welcome in the apartment of her
eldest son, whose upscale wife and teenage daughter resent the old
lady putting a crimp in their styles. In a subplot apprehensible only
to the alert and sophisticated, granddaughter Rhoda (Barbara Read)
is seeing a married man on the sly. The spectator who left for
refreshments midway into the plot might have missed the hints: the
girl, roped into taking her grandmother to the movies, sneaks out of
the theater to meet secretly with a man; later, she returns from the
assignation to pick up granny after the show. In the mannered world
of 1930s cinema, the mere fact she consorts with a man who does
not come to the door to meet her parents is a portent of trouble. The
man in question is not so much as glimpsed; all is rendered
elliptically.
One night Rhoda doesn't come home. Next morning, grandmother
and mother wait nervously by the telephone. The phone rings and
only the grandmother's side of the conversation is heard. A
description of the scene and a verbatim transcription of the dialogue
leaves much unsaid:
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In 1937 few spectators under the age of fourteen would have been
able to figure out the message of the unscreened conversation,
namely that a betrayed wife has called to tell the mother about her
wayward daughter and threaten scandal. An early draft of the
screenplay confirms the suspicion: Rhoda holes up with her lover in
a hotel room in New Jersey and must be brought back to her family
by the authorities. During the preproduction review process, Breen
precisely pinpointed the moral flashpoint ("the indication on page F22 that the granddaughter, Rhoda, spends the night in a hotel room
with a married man") and decreed the solution ("this sequence
should be rewritten to remove any flavor of adultery or loose sex").
McCarey complied, making the flavor of adultery a challenge for
adults to detect. Since to speak the transgression is to call down
judgment upon the sinner, the revelation is neither depicted nor
uttered aloud. "Out of regard for the sanctity of marriage and the
home, the triangle, that is, the love of a third party for one already
married, needs careful handling," intones the Code. "The treatment
should not throw sympathy against marriage as an institution."
Perhaps the girl has slept with someone, perhaps she has not.
Regardless, the (possibly) adulterous subplot is tangential, a device
to trigger a crisis involving the continued housing of the
grandmother in the family's apartment. Director McCarey's real
concern is the shabby treatment of the elderly in American culture,
not the indiscretion of the frisky granddaughter. Make Way for
Tomorrow employs an elaborate conceit, above the heads of
children and the dim, in which adultery receives such "careful
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