The Chicago Board of Censors was a film censorship committee based in Chicago that was founded in 1907 [1] [2] as the Police Censor Board, and operated until 1984. [3] [4] It was the first film censorship board in the United States. [5] [6] The board had great influence over the editing and distribution of many films. [7]
The city's censorship code was directly challenged and upheld by two U.S. Supreme Court cases called Times Film Corporation v. City of Chicago , one in 1957 and one in 1961. Soon thereafter, other Supreme Court decisions in the 1960s (especially Freedman v. Maryland in 1965) reversed this holding and rendered municipal censorship laws largely ineffectual. [2]
Scarface is a 1932 American gangster film directed by Howard Hawks and produced by Hawks and Howard Hughes. The screenplay, by Ben Hecht, is based loosely on the 1929 novel by Armitage Trail, which was inspired by Al Capone. The film was developed and released during the pre-Code era of Hollywood. The film stars Paul Muni as Italian immigrant gangster Antonio "Tony" Camonte who violently rises through the Chicago gangland, with a supporting cast that includes George Raft and Boris Karloff. Camonte's rise to power dovetails with his relentless pursuit of his boss's mistress while his own sister pursues his best hitman. In an overt tie to the life of Capone, a version of the Saint Valentine's Day Massacre is depicted.
The Motion Picture Production Code was a set of industry guidelines for the self-censorship of content that was applied to most motion pictures released by major studios in the United States from 1934 to 1968. It is also popularly known as the Hays Code, after Will H. Hays, president of the Motion Picture Producers and Distributors of America (MPPDA) from 1922 to 1945. Under Hays's leadership, the MPPDA, later the Motion Picture Association of America (MPAA) and the Motion Picture Association (MPA), adopted the Production Code in 1930 and began rigidly enforcing it in 1934. The Production Code spelled out acceptable and unacceptable content for motion pictures produced for a public audience in the United States.
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, It can be restricted by time, place and manner in limited circumstances. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.
Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place.
The National Legion of Decency, also known as the Catholic Legion of Decency, was a Catholic group founded in 1934 by Archbishop of Cincinnati, John T. McNicholas, as an organization dedicated to identifying objectionable content in motion pictures on behalf of Catholic audiences. Members were asked to pledge to patronize only those motion pictures which did not "offend decency and Christian morality". The concept soon gained support from other churches.
Pre-Code Hollywood (1927–1934) was an era in the American film industry that occurred between the widespread adoption of sound in film in 1929 and the enforcement of the Motion Picture Production Code censorship guidelines 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.
In Canada, appeals by the judiciary to community standards and the public interest are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly disseminated. Other public organisations with the authority to censor include some tribunals and courts under provincial human rights laws, and the Canadian Radio-television and Telecommunications Commission, along with self-policing associations of private corporations such as the Canadian Association of Broadcasters and the Canadian Broadcast Standards Council.
Film censorship is carried out by various countries to differing degrees, sometimes as a result of powerful or relentless lobbying by organizations or individuals. Films that are banned in a particular country change over time.
Censorship in India has taken various forms throughout its history. Although the Constitution of India de jure guarantees freedom of expression, de facto there are various certain restrictions on content, with an official view towards "maintaining communal and religious harmony", given the history of communal tension in the nation. According to the Information Technology Rules 2011, objectionable content includes anything that "threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order".
Mutual Film Corporation v. Industrial Commission of Ohio, 236 U.S. 230 (1915), was a landmark decision of the US Supreme Court ruling by a 9–0 vote that the free speech protection of the Ohio Constitution, which was substantially similar to the First Amendment of the United States Constitution, did not extend to motion pictures.
In the United States, censorship involves the suppression of speech or public communication and raises issues of freedom of speech, which is protected by the First Amendment to the United States Constitution. Interpretation of this fundamental freedom has varied since its enshrinement. Traditionally, the First Amendment was regarded as applying only to the Federal government, leaving the states and local communities free to censor or not. As the applicability of states rights in lawmaking vis-a-vis citizens' national rights began to wane in the wake of the Civil War, censorship by any level of government eventually came under scrutiny, but not without resistance. For example, in recent decades, censorial restraints increased during the 1950s period of widespread anti-communist sentiment, as exemplified by the hearings of the House Committee on Un-American Activities. In Miller v. California (1973), the U.S. Supreme Court found that the First Amendment's freedom of speech does not apply to obscenity, which can, therefore, be censored. While certain forms of hate speech are legal so long as they do not turn to action or incite others to commit illegal acts, more severe forms have led to people or groups being denied marching permits or the Westboro Baptist Church being sued, although the initial adverse ruling against the latter was later overturned on appeal to the U.S. Supreme Court case Snyder v. Phelps.
Censorship in Israel is officially carried out by the Israeli Military Censor, a unit in the Israeli government officially tasked with carrying out preventive censorship regarding the publication of information that might affect the security of Israel. The body is headed by the Israeli Chief Censor, a military official appointed by Israel's Minister of Defense, who bestows upon the Chief Censor the authority to suppress information he deems compromising from being made public in the media, such as Israel's nuclear weapons program and Israel's military operations outside its borders. On average, 2240 press articles in Israel are censored by the Israeli Military Censor each year, approximately 240 of which in full, and around 2000 partially.
Joseph Ignatius Breen was an American film censor with the Motion Picture Producers and Distributors of America who applied the Hays Code to film production.
Censorship in Japan has taken many forms throughout the history of the country. While Article 21 of the Constitution of Japan guarantees freedom of expression and prohibits formal censorship, effective censorship of obscene content does exist and is justified by the Article 175 of the Criminal Code of Japan. Historically, the law has been interpreted in different ways—recently it has been interpreted to mean that all pornography must be at least partly censored, and a few arrests have been made based on this law.
Freedman v. Maryland, 380 U.S. 51 (1965), was a United States Supreme Court case that ended government-operated rating boards with a decision that a rating board could only approve a film and had no power to ban a film. The ruling also concluded that a rating board must either approve a film within a reasonable time, or go to court to stop a film from being shown in theatres. Other court cases determined that television stations are federally licensed, so local rating boards have no jurisdiction over films shown on television. When the movie industry set up its own rating system—the Motion Picture Association of America—most state and local boards ceased operating.
The era of American film production from the early sound era to the enforcement of the Hays Code in 1934 is denoted as Pre-Code Hollywood. The era contained violence and crime in pictures which would not be seen again until decades later. Although the Hays office had specifically recommended removing profanity, the drug trade, and prostitution from pictures, it had never officially recommended against depictions of violence in any form in the 1920s. State censor boards, however, created their own guidelines, and New York in particular developed a list of violent material which had to be removed for a picture to be shown in the state. Two main types of crime films were released during the period: the gangster picture and the prison film.
Film censorship in the United States was a frequent feature of the industry almost from the beginning of the U.S. motion picture industry until the end of strong self-regulation in 1966. Court rulings in the 1950s and 1960s severely constrained government censorship, though statewide regulation lasted until at least the 1980s.
The censorship of student media in the United States is the suppression of student-run news operations' free speech by school administrative bodies, typically state schools. This consists of schools using their authority to control the funding and distribution of publications, taking down articles, and preventing distribution. Some forms of student media censorship extend to expression not funded by or under the official auspices of the school system or college.
The Virginia State Board of Censors was a government agency formed on August 1, 1922 for the purpose of reviewing and licensing films for approval to be screened in the state of Virginia. During the agency's existence its members examined over 52,000 films, over 2,000 of which required edits before approval was given; and another 157 films were rejected entirely, of which only 38 won subsequent approval. The board disbanded in 1968 following a series of U.S. Supreme Court rulings which overturned censorship statutes across the country.
Times Film Corporation v. City of Chicago, or Times v. City of Chicago is the name of two cases decided by the U.S. Supreme Court in 1957 and 1961. Both involved the issue of limits on freedom of expression in connection with motion pictures. In both cases the court affirmed the right of local governments to engage in some form of censorship.