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These are the user uploaded subtitles that are being translated: 1 00:00:00,700 --> 00:00:04,037 (bright accordion music) 2 00:00:08,074 --> 00:00:13,279 (static hisses) (babies chatter) 3 00:00:16,783 --> 00:00:20,587 (projector clicks and whirs) 4 00:00:23,256 --> 00:00:28,461 (exciting music) (crowd chatter) 5 00:00:34,334 --> 00:00:36,703 - Does censorship exist in your community? 6 00:00:37,737 --> 00:00:39,439 If so, in what respect? 7 00:00:40,373 --> 00:00:41,941 Is such a body legal? 8 00:00:43,076 --> 00:00:46,413 And is it a thing that the majority of the community wants? 9 00:00:46,479 --> 00:00:49,582 Or have you been imposed upon by some minority group 10 00:00:49,649 --> 00:00:52,752 whose pressures have influenced your politicians? 11 00:00:52,819 --> 00:00:54,521 Find out about it. 12 00:00:54,587 --> 00:00:56,456 And if you want censorship, 13 00:00:56,523 --> 00:01:00,360 see that the laws are logical and constitutional. 14 00:01:00,427 --> 00:01:05,598 Otherwise, slowly and surely, you will lose your heritage. 15 00:01:06,533 --> 00:01:11,604 Remember, you have a right to say, to read, 16 00:01:12,305 --> 00:01:14,674 and to see what you wish. 17 00:01:14,741 --> 00:01:17,510 (exciting music) 18 00:01:18,244 --> 00:01:21,314 (projector whirs) 19 00:01:25,051 --> 00:01:26,653 (projector stops) 20 00:01:26,719 --> 00:01:29,789 (gentle piano music) 21 00:01:57,383 --> 00:01:58,651 - I want this picture to be a document. 22 00:01:58,718 --> 00:02:00,186 I wanna hold a mirror up to life. 23 00:02:00,253 --> 00:02:01,855 I want this to be a picture of dignity, 24 00:02:01,921 --> 00:02:04,057 a true canvas of the suffering of humanity. 25 00:02:04,124 --> 00:02:05,225 - But with a little sex in it. 26 00:02:05,291 --> 00:02:06,159 - With a little sex in it. 27 00:02:06,226 --> 00:02:07,694 - How about a nice musical? 28 00:02:07,760 --> 00:02:09,929 (gentle piano music) 29 00:02:09,996 --> 00:02:14,100 - All right, Mr. DeMille, I'm ready for my close-up. 30 00:02:14,167 --> 00:02:17,437 (gentle piano music) 31 00:02:31,351 --> 00:02:32,785 - Okay, get over there. 32 00:02:32,852 --> 00:02:34,787 All right, let's take a try at it. 33 00:02:34,854 --> 00:02:35,855 - [Man] Here we go! 34 00:02:35,922 --> 00:02:37,257 Hit your lights! 35 00:02:37,323 --> 00:02:40,393 (lights click on) 36 00:02:41,261 --> 00:02:44,564 (gentle piano music) 37 00:02:51,371 --> 00:02:52,906 - We'll have to rewrite the scene and re-shoot it, 38 00:02:52,972 --> 00:02:53,907 it's absolute crap. 39 00:02:53,973 --> 00:02:55,441 People don't speak like that. 40 00:03:07,887 --> 00:03:10,290 - [Robert] It seems to me that the history of film 41 00:03:10,356 --> 00:03:12,759 is very much like the history of America, 42 00:03:12,825 --> 00:03:15,395 starting out with its birth pangs, 43 00:03:15,461 --> 00:03:18,598 the very early attempts to make movies, 44 00:03:18,665 --> 00:03:20,700 and going up through various periods, 45 00:03:20,767 --> 00:03:24,070 through a, maybe you could call it free love period, 46 00:03:24,137 --> 00:03:25,705 where everything goes. 47 00:03:25,772 --> 00:03:29,008 - I'd like to make love to you till you scream for help. 48 00:03:31,344 --> 00:03:32,779 - Can't scream. 49 00:03:32,845 --> 00:03:35,615 (they laugh) 50 00:03:35,682 --> 00:03:37,550 - [Robert] And then people coming in and say, 51 00:03:37,617 --> 00:03:38,718 well that's not right, 52 00:03:38,785 --> 00:03:41,321 let's clamp down on some of those things. 53 00:03:41,387 --> 00:03:42,956 - Would you try to seduce me? 54 00:03:45,892 --> 00:03:46,993 - I don't... 55 00:03:48,928 --> 00:03:49,996 Probably. 56 00:03:50,063 --> 00:03:50,930 Why? 57 00:03:50,997 --> 00:03:52,131 - Why, a girl wants to know! 58 00:03:52,198 --> 00:03:55,902 - Who could be qualified to say what's good for you 59 00:03:55,969 --> 00:03:56,669 and what's good for me? 60 00:03:56,736 --> 00:03:58,404 We're two different people. 61 00:03:58,471 --> 00:04:00,873 So just the whole idea of it is absurd. 62 00:04:00,940 --> 00:04:03,409 - [Robert] And then going through a period 63 00:04:03,476 --> 00:04:06,913 of tightening the expression in the movies. 64 00:04:06,980 --> 00:04:10,049 - Why don't you come up sometime and see me? 65 00:04:10,116 --> 00:04:11,517 I'm home every evening. 66 00:04:11,584 --> 00:04:13,152 - [Robert] And then getting where then 67 00:04:13,219 --> 00:04:14,520 and coming back to a period 68 00:04:14,587 --> 00:04:17,257 where almost anything seems to go. 69 00:04:17,323 --> 00:04:19,425 (chainsaw revs) 70 00:04:19,492 --> 00:04:22,629 - The battle began with first to see a woman's ass, 71 00:04:22,695 --> 00:04:24,631 then tits, then vagina. 72 00:04:24,697 --> 00:04:27,033 Then a man's ass, then a man's dick, 73 00:04:27,100 --> 00:04:27,900 and then fucking. 74 00:04:27,967 --> 00:04:29,269 - Is this entertainment? 75 00:04:29,335 --> 00:04:31,537 Is this what should be shown on a screen? 76 00:04:31,604 --> 00:04:34,507 - [Robert] Baltimore's a unique part of the story 77 00:04:34,574 --> 00:04:37,944 of censorship in the country because Baltimore suffered 78 00:04:38,011 --> 00:04:41,681 under the longest running censor board in the country. 79 00:04:41,748 --> 00:04:44,851 It's a microcosm of the history of movies 80 00:04:44,917 --> 00:04:47,153 and also the history of censorship. 81 00:04:47,220 --> 00:04:48,588 - The industry is deeply worried 82 00:04:48,655 --> 00:04:51,691 about a recent Supreme Court decision on censorship. 83 00:04:51,758 --> 00:04:54,127 The court ruled that individual communities 84 00:04:54,193 --> 00:04:57,597 have the right to determine what's obscene and what's not. 85 00:04:57,664 --> 00:04:59,999 And this local option censorship rule 86 00:05:00,066 --> 00:05:02,902 could change the way movies are made in this country. 87 00:05:02,969 --> 00:05:05,571 - [Robert] Baltimore has its beautiful parts, 88 00:05:05,638 --> 00:05:09,042 the skyline, the various monuments, the parks. 89 00:05:09,108 --> 00:05:14,514 And movies have these, the grand cinema adventures. 90 00:05:15,348 --> 00:05:17,950 Movies that are uplifting. 91 00:05:18,017 --> 00:05:22,455 - Now, gentlemen, in this country, 92 00:05:23,389 --> 00:05:27,393 our courts are the great levelers. 93 00:05:27,460 --> 00:05:30,930 In our courts all men are created equal. 94 00:05:35,668 --> 00:05:36,769 - [Robert] And on the other hand, 95 00:05:36,836 --> 00:05:39,339 there are the seedier parts of the city, 96 00:05:39,405 --> 00:05:42,108 the red light districts. 97 00:05:42,175 --> 00:05:43,576 Movies have the same thing. 98 00:05:43,643 --> 00:05:45,845 There were movies that were made simply to 99 00:05:45,912 --> 00:05:49,215 explore the public's prurient interest, 100 00:05:49,282 --> 00:05:50,950 to titillate people. 101 00:05:51,017 --> 00:05:54,020 Or to simply show them something outrageous 102 00:05:54,087 --> 00:05:56,322 that they couldn't see anywhere else. 103 00:05:56,389 --> 00:05:58,391 - [Mary] Sickening sickie. 104 00:05:58,458 --> 00:06:00,893 There are sickies making films. 105 00:06:00,960 --> 00:06:02,695 - [Robert] There's been a long, long fight 106 00:06:02,762 --> 00:06:05,431 for the movies to be able to 107 00:06:05,498 --> 00:06:08,701 show what they want to show on the screen. 108 00:06:08,768 --> 00:06:11,704 They've had to face a lot of roadblocks over the years, 109 00:06:11,771 --> 00:06:15,641 and they had to fight to be considered an art form. 110 00:06:15,708 --> 00:06:19,011 (gentle piano music) 111 00:06:27,253 --> 00:06:30,523 (gentle piano music) 112 00:06:55,581 --> 00:06:57,583 (bright piano music) 113 00:06:57,650 --> 00:07:00,153 - Censor of course comes from the word census. 114 00:07:00,219 --> 00:07:03,689 And it was a position in the ancient Roman republic, 115 00:07:03,756 --> 00:07:06,826 but the censor was the person who decided 116 00:07:06,893 --> 00:07:08,928 who the role of voters would be. 117 00:07:08,995 --> 00:07:11,464 The censor could determine whether or not 118 00:07:11,531 --> 00:07:14,500 a person was of sufficient high quality 119 00:07:14,567 --> 00:07:17,637 to be considered a citizen. 120 00:07:17,703 --> 00:07:22,041 So if you did not make the role of citizens, 121 00:07:22,108 --> 00:07:24,844 you could be stricken from the roles by the censor. 122 00:07:24,911 --> 00:07:26,446 It was a terrible thing. 123 00:07:26,512 --> 00:07:28,514 - I think that it was assumed 124 00:07:28,581 --> 00:07:30,516 that censorship would always be with us. 125 00:07:30,583 --> 00:07:32,919 It's a very old idea. 126 00:07:32,985 --> 00:07:37,824 Socrates was a victim of censorship in a rather final way. 127 00:07:37,890 --> 00:07:39,692 I mean, the cup of hemlock. 128 00:07:39,759 --> 00:07:44,030 And censorship exists today inside institutions 129 00:07:44,096 --> 00:07:46,666 that are supposed to be devoted to the freedom 130 00:07:46,732 --> 00:07:48,868 of intellectual inquiry, like universities. 131 00:07:48,935 --> 00:07:53,306 - The censoring of movies is very much related to 132 00:07:53,372 --> 00:07:54,774 the time period when it emerges, 133 00:07:54,841 --> 00:07:56,676 the so-called progressive period 134 00:07:56,742 --> 00:07:58,778 of the turn of the 20th century through 135 00:07:58,845 --> 00:08:01,581 the beginning of World War I. 136 00:08:01,647 --> 00:08:04,283 People wanted to not just control movies 137 00:08:04,350 --> 00:08:05,685 but control lots of things 138 00:08:05,751 --> 00:08:08,821 that they thought might be corruptive 139 00:08:08,888 --> 00:08:11,824 or subversive or somehow detrimental 140 00:08:11,891 --> 00:08:15,795 to society's development in the ways in which 141 00:08:15,862 --> 00:08:19,031 Protestant white middle class values 142 00:08:19,098 --> 00:08:20,900 said that society should progress. 143 00:08:20,967 --> 00:08:24,904 Effort to control movies was very much in the same mindset 144 00:08:24,971 --> 00:08:27,540 as people's access to alcohol, 145 00:08:27,607 --> 00:08:29,075 requirements that children go to school. 146 00:08:29,141 --> 00:08:31,744 - We have to remember that the progressives 147 00:08:31,811 --> 00:08:33,846 at the turn of the 20th century were very different 148 00:08:33,913 --> 00:08:35,081 from modern-day progressives. 149 00:08:35,147 --> 00:08:38,851 And the progressives of the 20th century 150 00:08:38,918 --> 00:08:41,687 firmly believed that the greater good 151 00:08:41,754 --> 00:08:43,256 should trump individual rights. 152 00:08:43,322 --> 00:08:46,492 So your individual right to produce a movie 153 00:08:46,559 --> 00:08:48,094 or to see a movie, 154 00:08:48,160 --> 00:08:51,464 if that was something that might harm the greater good, 155 00:08:51,531 --> 00:08:54,367 then that individual right to see or produce that movie 156 00:08:54,433 --> 00:08:55,668 needed to give way. 157 00:08:55,735 --> 00:08:58,704 They saw it as very little different from the kind of reform 158 00:08:58,771 --> 00:09:01,774 that protected people against impure sausage. 159 00:09:01,841 --> 00:09:03,543 - Everybody could go to see films. 160 00:09:03,609 --> 00:09:05,411 They were cheap, five cents, 161 00:09:05,478 --> 00:09:08,080 and they were so pervasive, they were everywhere. 162 00:09:08,147 --> 00:09:11,317 The first movie theaters were very, very small. 163 00:09:11,384 --> 00:09:15,821 Nickelodeons, they probably seated 100 people. 164 00:09:15,888 --> 00:09:18,190 Many people viewed the movie theaters 165 00:09:18,925 --> 00:09:21,127 as horrible smelly dens 166 00:09:21,193 --> 00:09:24,096 that you didn't want your children to go into. 167 00:09:24,163 --> 00:09:27,333 One of the things they would do is they would make a name 168 00:09:27,400 --> 00:09:29,368 that sounded really nice. 169 00:09:29,435 --> 00:09:31,737 They had pretentious names 170 00:09:31,804 --> 00:09:33,873 and names that gave the impression 171 00:09:33,940 --> 00:09:36,642 of a nice, cozy little place.. 172 00:09:36,709 --> 00:09:40,012 - This was an era when we had real distinction 173 00:09:40,079 --> 00:09:43,382 between public versus private. 174 00:09:43,449 --> 00:09:44,817 That in the Victorian era, 175 00:09:44,884 --> 00:09:47,053 there were things that were in the private realm 176 00:09:47,119 --> 00:09:49,188 that never crossed over into the public realm. 177 00:09:49,255 --> 00:09:53,259 So things like home life, things like God and religion, 178 00:09:53,326 --> 00:09:56,862 things like relationships between family members. 179 00:09:56,929 --> 00:09:58,664 Those things were very private 180 00:09:58,731 --> 00:10:01,734 and never became part of public life. 181 00:10:01,801 --> 00:10:05,338 Leisure in the Victorian era was usually confined 182 00:10:05,404 --> 00:10:07,139 to the private life. 183 00:10:07,206 --> 00:10:08,908 And because it was part of the private life, 184 00:10:08,975 --> 00:10:11,010 it was pretty well controlled. 185 00:10:11,077 --> 00:10:13,312 Controlled by parents, controlled by clergy, 186 00:10:13,379 --> 00:10:14,780 controlled by educators. 187 00:10:14,847 --> 00:10:19,085 That famous scene of the two Broadway actors kissing, 188 00:10:19,151 --> 00:10:22,221 that was shocking to the Victorian sensibilities 189 00:10:22,288 --> 00:10:24,390 because kissing was something that was supposed 190 00:10:24,457 --> 00:10:25,891 to be done in private, 191 00:10:25,958 --> 00:10:28,861 and here it was, larger than life characters 192 00:10:28,928 --> 00:10:31,897 kissing on the screen in the public realm, 193 00:10:31,964 --> 00:10:33,299 people sitting next to each other 194 00:10:33,366 --> 00:10:35,201 who Victorians were not very comfortable 195 00:10:35,267 --> 00:10:38,404 thinking should've been sitting next together. 196 00:10:38,471 --> 00:10:41,907 (gentle piano music) 197 00:10:41,974 --> 00:10:43,175 - The notion of boxing, 198 00:10:43,242 --> 00:10:46,212 that it's a glorification of brutality 199 00:10:46,278 --> 00:10:49,048 with sort of the scene that followed it, 200 00:10:49,115 --> 00:10:53,586 you know, gamblers, prostitutes, alcohol, seedy back alleys, 201 00:10:53,653 --> 00:10:55,421 that whole sort of aesthetic, 202 00:10:55,488 --> 00:10:57,123 that was not something that 203 00:10:57,189 --> 00:10:59,091 was wished to be glorified or perpetuated. 204 00:10:59,158 --> 00:11:03,396 - [Richard] I think the first specific censorship laws, 205 00:11:03,462 --> 00:11:08,834 the state of Maine back at the turn of the century 206 00:11:09,769 --> 00:11:11,871 put in a statute which said you could not 207 00:11:11,937 --> 00:11:14,440 screen prizefights in the state of Maine (chuckles) 208 00:11:14,507 --> 00:11:17,009 because it solicited violence among children 209 00:11:17,076 --> 00:11:18,411 and all the other things. 210 00:11:18,477 --> 00:11:23,315 - The idea that then boxing could also touch another taboo 211 00:11:23,382 --> 00:11:25,885 in American society at the turn of the 20th century, 212 00:11:25,951 --> 00:11:29,055 this notion of race or specifically the spectacle 213 00:11:29,121 --> 00:11:32,958 of black supremacy in this sort of one-on-one combat. 214 00:11:33,025 --> 00:11:36,395 It wasn't necessarily the fact that black and white men 215 00:11:36,462 --> 00:11:39,331 boxing together was especially troublesome. 216 00:11:39,398 --> 00:11:42,501 It was the films of black men defeating white men, 217 00:11:42,568 --> 00:11:47,907 and particularly Jack Johnson, that was most troubling. 218 00:11:49,075 --> 00:11:52,945 What was feared about the Jack Johnson-Jim Jeffries fight 219 00:11:54,013 --> 00:11:57,483 spoke mainly to the progressives who ran governments, 220 00:11:57,550 --> 00:12:02,922 who ran sort of organizations charged with public wellbeing. 221 00:12:03,856 --> 00:12:05,758 The challenge was that they had to admit 222 00:12:05,825 --> 00:12:07,760 that they did not control 223 00:12:07,827 --> 00:12:09,195 the white man walking on the street, 224 00:12:09,261 --> 00:12:11,263 the average everyday citizen. 225 00:12:11,330 --> 00:12:15,034 The unspoken reality underneath all of the rhetoric 226 00:12:15,101 --> 00:12:17,136 that spoke to black inferiority, 227 00:12:17,203 --> 00:12:20,372 that spoke to the limited educability of black people, 228 00:12:20,439 --> 00:12:22,441 that spoke to their moral bankruptcy, 229 00:12:22,508 --> 00:12:27,379 was the fact that Jim Crow segregation gave white men 230 00:12:27,446 --> 00:12:30,549 in particularly mass sort of collections 231 00:12:30,616 --> 00:12:31,884 license to be brutal 232 00:12:31,951 --> 00:12:34,887 in ways that were simply otherwise not permitted in society. 233 00:12:34,954 --> 00:12:36,055 It frightened folks. 234 00:12:36,122 --> 00:12:38,124 (indistinct crowd chatter) 235 00:12:38,190 --> 00:12:41,127 - There's no evidence that there was any groundswell 236 00:12:41,193 --> 00:12:44,563 of opinion of people demanding censorship laws 237 00:12:44,630 --> 00:12:46,465 from their state legislators. 238 00:12:46,532 --> 00:12:50,169 Where the push was coming was from groups. 239 00:12:50,236 --> 00:12:53,405 Groups like the Women's Christian Temperance Union, 240 00:12:53,472 --> 00:12:57,243 the YMCA, the Protestant Church early on, 241 00:12:57,309 --> 00:13:00,813 and later the Catholic Church would step in and take over. 242 00:13:00,880 --> 00:13:02,748 The American Society for the Protection 243 00:13:02,815 --> 00:13:04,350 of Cruelty to Children, 244 00:13:04,416 --> 00:13:06,385 the General Federation of Women's Clubs, 245 00:13:06,452 --> 00:13:08,988 the National Association of Colored Women, 246 00:13:09,054 --> 00:13:10,322 the Watch and Ward Society, 247 00:13:10,389 --> 00:13:12,958 the New York Society for the Suppression of Vice. 248 00:13:13,025 --> 00:13:14,326 These were the groups 249 00:13:14,393 --> 00:13:17,630 that were pushing their legislators for censorship. 250 00:13:17,696 --> 00:13:21,066 And these were groups that had some real sway 251 00:13:21,133 --> 00:13:23,269 with those legislators, they had some clout. 252 00:13:23,335 --> 00:13:26,272 - The argument that's usually made for the first censors 253 00:13:26,338 --> 00:13:30,509 was these movies are dangerous for children. 254 00:13:30,576 --> 00:13:35,347 And then they get into things like untutored people. 255 00:13:35,414 --> 00:13:38,751 - [Laura] The special capacity for evil concept 256 00:13:38,818 --> 00:13:41,654 is what underlies all film censorship. 257 00:13:41,720 --> 00:13:42,688 (ominous movie music) 258 00:13:42,755 --> 00:13:46,225 It's the idea that some people can watch movies 259 00:13:46,292 --> 00:13:47,593 and not be harmed by them, 260 00:13:47,660 --> 00:13:52,565 but other people, children, illiterates, immigrants, 261 00:13:53,465 --> 00:13:55,000 people who are especially vulnerable 262 00:13:55,067 --> 00:13:56,902 to all kinds of pernicious 263 00:13:56,969 --> 00:13:59,805 and dastardly kinds of influences, 264 00:13:59,872 --> 00:14:02,508 we need to protect those people from that kind of thing. 265 00:14:02,575 --> 00:14:06,445 And movies were the first true mass medium. 266 00:14:06,512 --> 00:14:08,347 (ominous movie music) 267 00:14:08,414 --> 00:14:10,082 The first moving picture ordinance 268 00:14:10,149 --> 00:14:12,985 enacted in the United States was in 1907. 269 00:14:13,052 --> 00:14:15,921 So, very early on after the onset of movies. 270 00:14:15,988 --> 00:14:18,557 And it came in the city of Chicago. 271 00:14:18,624 --> 00:14:21,293 Chicago empowered its police commissioner 272 00:14:21,360 --> 00:14:24,697 to decide whether movies were safe to be seen or not. 273 00:14:24,763 --> 00:14:26,899 And then the police commissioner was further empowered 274 00:14:26,966 --> 00:14:28,901 to hire people to help him to decide 275 00:14:28,968 --> 00:14:30,569 whether movies could be shown. 276 00:14:30,636 --> 00:14:32,838 - [Robert] The earliest censorship in Baltimore, 277 00:14:32,905 --> 00:14:34,707 for example, was the police department. 278 00:14:34,773 --> 00:14:37,743 Marshal Farnan, who was the head of the police at that time, 279 00:14:37,810 --> 00:14:40,079 say around 1908, 1909. 280 00:14:40,145 --> 00:14:42,948 Let's say a policeman had a certain regular beat. 281 00:14:43,015 --> 00:14:44,350 (police whistle chirps in background) 282 00:14:44,416 --> 00:14:48,554 He would tasked to go in when a theater opened a new movie. 283 00:14:48,621 --> 00:14:49,555 (playful piano music) 284 00:14:49,622 --> 00:14:52,191 He'd go in a watch it and see if it was okay. 285 00:14:52,258 --> 00:14:54,660 If he thought it was okay, go back to headquarters 286 00:14:54,727 --> 00:14:57,563 and say they opened this movie and this is fine. 287 00:14:57,630 --> 00:14:58,631 If he didn't like it, 288 00:14:58,697 --> 00:15:02,067 then they could haul the exhibitor into court. 289 00:15:02,134 --> 00:15:04,470 People were complaining about the police's censors, 290 00:15:04,536 --> 00:15:07,306 and they complained enough that Marshal Farnan said, 291 00:15:07,373 --> 00:15:09,541 "Okay, everybody's a censor. 292 00:15:09,608 --> 00:15:13,078 "I open this up to the entire city of Baltimore. 293 00:15:13,145 --> 00:15:14,713 "If you see a movie, if you go to movies 294 00:15:14,780 --> 00:15:17,249 "and you see a movie that you think is a bad movie, 295 00:15:17,316 --> 00:15:20,386 "is a bad influence or is showing something 296 00:15:20,452 --> 00:15:23,222 "that shouldn't be shown, call me up. 297 00:15:23,289 --> 00:15:26,225 "I'll have an operator ready to take your phone calls." 298 00:15:26,292 --> 00:15:28,227 (uptempo piano music) 299 00:15:28,294 --> 00:15:30,696 - [Laura] Pennsylvania was the first state 300 00:15:30,763 --> 00:15:32,998 to enact statewide censorship. 301 00:15:33,065 --> 00:15:37,002 And they passed it unanimously in 1911. 302 00:15:37,069 --> 00:15:40,272 Ohio followed two years later in 1913, 303 00:15:40,339 --> 00:15:43,409 followed by Kansas, also in 1913. 304 00:15:43,475 --> 00:15:48,047 Maryland enacted its statewide censorship law in 1916, 305 00:15:48,113 --> 00:15:53,285 New York in 1921, and Virginia in 1922 as well. 306 00:15:54,219 --> 00:15:56,855 And Massachusetts was the last in 1926. 307 00:15:56,922 --> 00:15:57,990 And we have to remember that, 308 00:15:58,057 --> 00:15:59,391 in addition to the seven states, 309 00:15:59,458 --> 00:16:02,995 there were hundreds of municipalities and localities 310 00:16:03,062 --> 00:16:03,996 that were censoring. 311 00:16:04,063 --> 00:16:06,999 (upbeat piano ends) 312 00:16:07,066 --> 00:16:08,167 - [Robert] The list of subjects 313 00:16:08,233 --> 00:16:11,337 that the censor board felt they had to censor, 314 00:16:11,403 --> 00:16:13,639 and I'm talking about Maryland specifically, 315 00:16:13,706 --> 00:16:16,976 improper exhibition of feminine underwear, 316 00:16:17,042 --> 00:16:19,378 indelicate sexual situations, 317 00:16:19,445 --> 00:16:22,948 nude figures, over-passionate love scenes, 318 00:16:23,015 --> 00:16:25,050 excessive use of firearms, 319 00:16:25,117 --> 00:16:27,820 disrespect for the law, infidelity, 320 00:16:27,886 --> 00:16:31,557 gruesome murder, stabbing and shooting persons, 321 00:16:31,623 --> 00:16:35,494 acts of violence, throwing bombs, train wrecking, 322 00:16:35,561 --> 00:16:38,130 birth control, venereal disease, 323 00:16:38,197 --> 00:16:40,399 inflammatory scenes and titles 324 00:16:40,466 --> 00:16:43,402 calculated to stir up racial hatred, 325 00:16:43,469 --> 00:16:47,106 white slaves stories, these were very popular in the '20s. 326 00:16:47,172 --> 00:16:48,040 (upbeat piano music) 327 00:16:48,107 --> 00:16:49,341 Then there was the kissing. 328 00:16:49,408 --> 00:16:51,810 This has always fascinated me. 329 00:16:51,877 --> 00:16:55,714 The censor board seemed to say a three-foot kiss, 330 00:16:55,781 --> 00:16:59,418 that is, three feet of film, was enough. 331 00:16:59,485 --> 00:17:02,488 They didn't wanna see a kiss longer than that on the screen. 332 00:17:02,554 --> 00:17:04,156 So they would cut them out. 333 00:17:04,223 --> 00:17:06,325 (upbeat piano music ends) 334 00:17:06,392 --> 00:17:09,194 - [David] D.W. Griffith's Birth of a Nation, 335 00:17:09,261 --> 00:17:12,164 which comes to theaters in early 1915, 336 00:17:12,231 --> 00:17:16,635 is really the realization of 337 00:17:16,702 --> 00:17:19,138 some of the fears that people have imagined 338 00:17:19,204 --> 00:17:21,707 movies might bring to American society. 339 00:17:21,774 --> 00:17:24,810 It becomes controversial because by this point in time, 340 00:17:24,877 --> 00:17:29,281 there are so many elements either concerned with 341 00:17:29,348 --> 00:17:34,520 censoring movies and controlling society's moral compass, 342 00:17:35,220 --> 00:17:36,955 and also defending black people 343 00:17:37,022 --> 00:17:39,291 against some of these brutalities, 344 00:17:39,358 --> 00:17:41,260 as well as ideas of civil rights. 345 00:17:41,326 --> 00:17:44,329 The idea that a movie could have national impact 346 00:17:44,396 --> 00:17:46,799 and be a national conversation topic 347 00:17:46,865 --> 00:17:51,770 was much more realistic in 1915 than say it was in 1885. 348 00:17:51,837 --> 00:17:53,839 - [Robert] The audience was polarized. 349 00:17:53,906 --> 00:17:55,474 Maryland being on the border, 350 00:17:55,541 --> 00:17:58,177 you had people who thought this is a great movie, 351 00:17:58,243 --> 00:18:00,712 it portrays the South as it was. 352 00:18:00,779 --> 00:18:03,549 Other people said it's bad for race relations, 353 00:18:03,615 --> 00:18:08,153 it demeans black people and this is not a good movie. 354 00:18:08,220 --> 00:18:09,521 It'll cause trouble. 355 00:18:09,588 --> 00:18:11,757 - [Richard] I don't think anyone can see Birth of a Nation 356 00:18:11,824 --> 00:18:14,693 without seeing a political agenda in it, 357 00:18:14,760 --> 00:18:15,961 but on the other hand, 358 00:18:16,028 --> 00:18:18,964 I don't know that the world has to be protected 359 00:18:19,031 --> 00:18:21,567 from seeing that political agenda. 360 00:18:21,633 --> 00:18:24,470 Seems to me this is the argument 361 00:18:24,536 --> 00:18:27,639 that First Amendment people always raise. 362 00:18:27,706 --> 00:18:30,742 Freedom is not just freedom, it's also education, 363 00:18:30,809 --> 00:18:33,645 and the possibility of seeing things 364 00:18:33,712 --> 00:18:36,882 which challenge both your own opinions 365 00:18:36,949 --> 00:18:40,452 and your own moral certitudes. 366 00:18:40,519 --> 00:18:43,288 But then the question that comes up with censorship always 367 00:18:43,355 --> 00:18:45,124 is, is there a certain constituency 368 00:18:45,190 --> 00:18:46,458 that has to be protected? 369 00:18:46,525 --> 00:18:49,461 - [David] The real danger of Birth of a Nation 370 00:18:49,528 --> 00:18:53,532 was the fact of its graphic depiction of violence. 371 00:18:53,599 --> 00:18:57,402 Remember, in 1914, certainly over the next several years 372 00:18:57,469 --> 00:18:58,670 as the movie is showing, 373 00:18:58,737 --> 00:19:02,074 race rioting takes on an urban form 374 00:19:02,141 --> 00:19:04,643 which it had not necessarily enjoyed. 375 00:19:04,710 --> 00:19:06,912 And the notion that Birth of a Nation 376 00:19:06,979 --> 00:19:11,717 could inspire people to revelry and violence 377 00:19:11,783 --> 00:19:15,120 was very much feared because that's what it depicted. 378 00:19:15,187 --> 00:19:16,688 The National Association 379 00:19:16,755 --> 00:19:19,291 for the Advancement of Colored People 380 00:19:19,358 --> 00:19:22,594 took a lead in many ways in attempting 381 00:19:22,661 --> 00:19:26,064 some sort of censorship to the release and the distribution 382 00:19:26,131 --> 00:19:28,000 of Birth of a Nation. 383 00:19:28,066 --> 00:19:32,304 So I think the idea of censoring was certainly in part 384 00:19:32,371 --> 00:19:36,441 driven by their anti-liberal impulses early on, 385 00:19:36,508 --> 00:19:39,244 but more so, it was protective as a response 386 00:19:39,311 --> 00:19:42,714 to that larger context within which the film would be shown. 387 00:19:44,983 --> 00:19:48,320 - The Mutual Film Corporation was a large corporation 388 00:19:48,387 --> 00:19:51,123 that had tentacles in many, many states. 389 00:19:51,190 --> 00:19:53,091 It was a newsreel producer, 390 00:19:53,158 --> 00:19:55,494 it was a motion picture distributor, 391 00:19:55,561 --> 00:19:59,064 and Mutual decided that it wanted to attack 392 00:19:59,131 --> 00:20:03,468 the censorship laws in Pennsylvania, Ohio, and Kansas, 393 00:20:03,535 --> 00:20:06,872 and they went at it with a full-pronged attack. 394 00:20:06,939 --> 00:20:08,740 And they took the case to the Supreme Court. 395 00:20:08,807 --> 00:20:11,610 The opinion, written for a unanimous Supreme Court 396 00:20:11,677 --> 00:20:14,246 by Justice McKenna, said, 397 00:20:14,313 --> 00:20:16,315 "The exhibition of motion pictures 398 00:20:16,381 --> 00:20:18,584 "is a business, pure and simple, 399 00:20:18,650 --> 00:20:21,753 "not to be regarded as part of the press. 400 00:20:21,820 --> 00:20:23,956 "The movies are capable of evil, 401 00:20:24,022 --> 00:20:26,758 "the greater because of their attractiveness 402 00:20:26,825 --> 00:20:28,827 "and their manner of exhibition." 403 00:20:28,894 --> 00:20:31,663 This was the Supreme Court saying 404 00:20:31,730 --> 00:20:33,232 that movies should be regulated, 405 00:20:33,298 --> 00:20:35,467 and go ahead and regulate, legislators, 406 00:20:35,534 --> 00:20:37,636 if that's what you choose you want to do. 407 00:20:40,272 --> 00:20:43,909 (dark ominous piano music) 408 00:20:48,981 --> 00:20:50,816 - Hold it a second! 409 00:20:50,882 --> 00:20:52,484 Now, Lina, look. 410 00:20:52,551 --> 00:20:56,688 Here's the mike, right here in the bush! 411 00:20:56,755 --> 00:20:57,389 - Yeah! 412 00:20:57,456 --> 00:20:58,690 - Now you talk to it. 413 00:20:59,758 --> 00:21:02,594 The sound goes through the cable to the box. 414 00:21:02,661 --> 00:21:06,465 A man records it on a big record in wax. 415 00:21:06,531 --> 00:21:10,469 But you have to talk into the mike first. 416 00:21:10,535 --> 00:21:11,937 In the bush! 417 00:21:12,004 --> 00:21:13,105 Try it again. 418 00:21:13,171 --> 00:21:15,841 - [Robert] In the late 1920s when talking movies 419 00:21:15,907 --> 00:21:19,044 came on the scene, you had two kinds of talkies. 420 00:21:19,111 --> 00:21:22,781 You had the talkies that were, sound was provided by disc. 421 00:21:22,848 --> 00:21:25,717 These were big records that were played, 422 00:21:25,784 --> 00:21:28,086 and they were synchronized with the film. 423 00:21:28,153 --> 00:21:32,024 The other method of providing sound was sound on film, 424 00:21:32,090 --> 00:21:35,727 where you had a sound track running alongside the film. 425 00:21:35,794 --> 00:21:39,898 - [Man] This is the picture and sound projector. 426 00:21:39,965 --> 00:21:45,370 One motor drives both the picture and sound equipment. 427 00:21:45,971 --> 00:21:47,139 See? 428 00:21:47,205 --> 00:21:49,641 - [Robert] It sort of took the censors by surprise I think, 429 00:21:49,708 --> 00:21:53,712 because now they had to censor words as well. 430 00:21:53,779 --> 00:21:55,814 Previously they just censored what was on the screen, 431 00:21:55,881 --> 00:21:58,050 the subtitles they could censor. 432 00:21:58,116 --> 00:22:01,386 First of all, they had to get a new projection system 433 00:22:01,453 --> 00:22:05,290 that could handle both kinds of sound. 434 00:22:05,357 --> 00:22:09,695 It drove the projectionists crazy with the sound on disc 435 00:22:09,761 --> 00:22:12,698 because if the censors say cut out this scene, 436 00:22:12,764 --> 00:22:15,367 cut out so many feet of scene, 437 00:22:15,434 --> 00:22:17,302 they couldn't cut it out on the disc 438 00:22:17,369 --> 00:22:18,670 because it was already there, 439 00:22:18,737 --> 00:22:21,139 so what they had to do was take a section of film 440 00:22:21,206 --> 00:22:24,643 that was the same length as the parts that were cut out, 441 00:22:24,710 --> 00:22:27,846 splice it into there, so you'd be watching a movie, 442 00:22:27,913 --> 00:22:30,415 all of a sudden you'd see blank picture, 443 00:22:30,482 --> 00:22:33,118 that you knew something had been cut out there 444 00:22:33,185 --> 00:22:34,319 to make it synchronized. 445 00:22:34,386 --> 00:22:35,654 (projector whirs) 446 00:22:35,721 --> 00:22:37,322 (indistinct crowd chatter on screen) 447 00:22:37,389 --> 00:22:38,423 - [Woman In Movie] Don't fret, honey. 448 00:22:38,490 --> 00:22:40,025 It all goes down the drain. 449 00:22:40,092 --> 00:22:41,193 (giggles) 450 00:22:41,259 --> 00:22:44,429 (projector whirs) 451 00:22:44,496 --> 00:22:46,898 - [Laura] NAMPI is the National Association 452 00:22:46,965 --> 00:22:48,767 of the Motion Picture Industry, 453 00:22:48,834 --> 00:22:50,569 and it was a group that was created 454 00:22:50,635 --> 00:22:53,038 largely to fight off censorship. 455 00:22:53,105 --> 00:22:55,874 Hollywood was worried about censorship, 456 00:22:55,941 --> 00:22:58,543 and they were seeing this crazy quilt of censorship 457 00:22:58,610 --> 00:23:00,078 going up around the United States. 458 00:23:00,145 --> 00:23:02,247 And the group put in a full court press 459 00:23:02,314 --> 00:23:05,784 trying to keep New York from enacting a censorship statute. 460 00:23:05,851 --> 00:23:09,187 And when that didn't work, when New York did 461 00:23:09,254 --> 00:23:10,522 go into the censoring column, 462 00:23:10,589 --> 00:23:12,958 that left NAMPI with a big black eye, 463 00:23:13,024 --> 00:23:15,494 made it realize that this group that had been formed 464 00:23:15,560 --> 00:23:16,595 in order to fight censorship 465 00:23:16,661 --> 00:23:18,597 was not very effective at doing that. 466 00:23:18,663 --> 00:23:22,067 So the industry disbanded NAMPI and created instead 467 00:23:22,134 --> 00:23:23,335 a new organization, 468 00:23:23,402 --> 00:23:26,805 the Motion Picture Producers and Distributors Association, 469 00:23:26,872 --> 00:23:31,109 and hired a new person to lead that organization, 470 00:23:31,176 --> 00:23:32,644 a man named Will Hayes. 471 00:23:32,711 --> 00:23:35,547 Will Hayes was what we today would call 472 00:23:35,614 --> 00:23:38,049 the czar of the motion picture industry. 473 00:23:38,116 --> 00:23:41,420 He had, he was a politician, he was well-connected, 474 00:23:41,486 --> 00:23:43,522 he'd been the Postmaster General, 475 00:23:43,588 --> 00:23:46,792 and he proved to be a very effective spokesman 476 00:23:46,858 --> 00:23:48,160 for the motion picture industry. 477 00:23:48,226 --> 00:23:52,197 - To Warner Brothers, to whom is due credit for this, 478 00:23:52,264 --> 00:23:56,835 the beginning of a new era in music and motion pictures, 479 00:23:56,902 --> 00:24:01,973 I offer my felicitations and my sincerest appreciation. 480 00:24:03,241 --> 00:24:06,411 - In the 1930s Hollywood came up with something they called 481 00:24:06,478 --> 00:24:07,712 the Production Code. 482 00:24:07,779 --> 00:24:09,581 This was a lengthy document. 483 00:24:09,648 --> 00:24:12,317 It had been co-written by a Catholic priest 484 00:24:12,384 --> 00:24:16,988 and a Catholic motion picture trade magazine producer 485 00:24:17,055 --> 00:24:19,624 and it was a code of conduct for the movies. 486 00:24:19,691 --> 00:24:21,893 The problem for the Production Code is that 487 00:24:21,960 --> 00:24:24,362 it was instituted in 1930 488 00:24:24,429 --> 00:24:27,265 when Hollywood was undergoing the Great Depression. 489 00:24:27,332 --> 00:24:30,302 Sales were declining, box office was declining. 490 00:24:30,368 --> 00:24:31,269 Hollywood was in trouble, 491 00:24:31,336 --> 00:24:33,305 and what better way to get people in the seats 492 00:24:33,371 --> 00:24:36,208 than to ramp up the sex and to ramp up the violence? 493 00:24:36,274 --> 00:24:39,444 And so the Production Code was largely ignored. 494 00:24:39,511 --> 00:24:42,614 - Do it again, I like it, do it again! 495 00:24:42,681 --> 00:24:43,982 (grunts) 496 00:24:44,049 --> 00:24:46,451 (through door) Oh please, Bill, do it! 497 00:24:46,518 --> 00:24:47,986 Oh, stop, Bill! 498 00:24:48,053 --> 00:24:48,954 (whimpers) 499 00:24:49,020 --> 00:24:51,089 - The Catholic Church became incensed 500 00:24:51,156 --> 00:24:52,924 that the Production Code was being ignored, 501 00:24:52,991 --> 00:24:55,727 and then created that Catholic Legion of Decency 502 00:24:55,794 --> 00:24:58,897 to rally the laity to push for 503 00:24:58,964 --> 00:25:01,666 the Production Code to actually be put into effect, 504 00:25:01,733 --> 00:25:03,668 actually be used. 505 00:25:03,735 --> 00:25:06,238 And the Catholic Church asked its patrons 506 00:25:06,304 --> 00:25:08,874 to threaten to boycott theaters that showed 507 00:25:08,940 --> 00:25:10,909 movies that were not considered 508 00:25:10,976 --> 00:25:12,944 things that lived up to the Production Code. 509 00:25:13,011 --> 00:25:16,748 That threat of a nationwide boycott of Catholics 510 00:25:16,815 --> 00:25:18,783 really got Hollywood's attention. 511 00:25:18,850 --> 00:25:20,652 And so in 1934, 512 00:25:20,719 --> 00:25:23,622 they created the Production Code Administration 513 00:25:23,688 --> 00:25:26,124 and hired a Catholic in order to run that 514 00:25:26,191 --> 00:25:29,094 Production Code Administration, a man named Joseph Breen. 515 00:25:29,160 --> 00:25:31,062 The job of the Production Code Administration 516 00:25:31,129 --> 00:25:34,432 was to make sure that the Production Code was enforced. 517 00:25:34,499 --> 00:25:35,934 And it was. 518 00:25:36,001 --> 00:25:39,671 So they have to be approved before they start shooting. 519 00:25:39,738 --> 00:25:41,673 Then they can be looked at during shooting. 520 00:25:41,740 --> 00:25:44,209 And then they have to be approved when shooting is over with 521 00:25:44,276 --> 00:25:46,645 before they can get a Production Code Seal 522 00:25:46,711 --> 00:25:48,914 and get into as many movie theaters as possible. 523 00:25:48,980 --> 00:25:50,482 The movie content that's going to be seen 524 00:25:50,549 --> 00:25:53,418 is the movie content that the Production Code Administration 525 00:25:53,485 --> 00:25:55,020 wants to be seen. 526 00:25:55,086 --> 00:25:57,455 - [Man On Screen] The whole inheritance is forfeit. 527 00:25:57,522 --> 00:26:01,960 - I got the job and started to work in December of 1947 528 00:26:03,528 --> 00:26:05,497 at the New Albert Theater, 529 00:26:05,564 --> 00:26:08,300 and that was the heart of segregation 530 00:26:08,366 --> 00:26:09,034 in the state of Maryland. 531 00:26:09,100 --> 00:26:10,402 (indistinct street chatter) 532 00:26:10,468 --> 00:26:15,006 About 1943, a huge wealthy named Howard Hughes, loved women, 533 00:26:16,141 --> 00:26:19,077 and then made this picture with a beautiful gal, 534 00:26:19,144 --> 00:26:23,248 and it cost them millions of dollars, called The Outlaw. 535 00:26:23,315 --> 00:26:24,449 (exciting music in movie) 536 00:26:24,516 --> 00:26:28,653 And not every state, but a few states, including Maryland, 537 00:26:28,720 --> 00:26:30,789 had censor boards. 538 00:26:30,855 --> 00:26:34,893 Said, nope, can't play here, it shows bad stuff. 539 00:26:34,960 --> 00:26:37,729 - [Laura] The Outlaw was a Howard Hughes production 540 00:26:37,796 --> 00:26:40,165 about a love triangle in the Old West, 541 00:26:40,231 --> 00:26:44,035 and it starred an unknown actress named Jane Russell. 542 00:26:44,102 --> 00:26:45,870 Nobody had ever seen her act before, 543 00:26:45,937 --> 00:26:48,206 but they had certainly seen her physique 544 00:26:48,273 --> 00:26:52,077 in some very seductive and very suggestive ads 545 00:26:52,143 --> 00:26:53,545 that Howard Hughes had put out 546 00:26:53,612 --> 00:26:55,847 long before the movie even came out. 547 00:26:55,914 --> 00:26:58,783 Hughes was trying to buck the Production Code, 548 00:26:58,850 --> 00:27:01,553 and he was seeking publicity for his film. 549 00:27:01,620 --> 00:27:04,255 He was gonna go head up against 550 00:27:04,322 --> 00:27:05,924 the Production Code Administration 551 00:27:05,991 --> 00:27:08,193 and use lots of salacious advertising. 552 00:27:08,259 --> 00:27:11,730 He submitted the movie to most state boards in 1942, 553 00:27:11,796 --> 00:27:14,065 and they all required some scenes to be cut, 554 00:27:14,132 --> 00:27:17,469 and then for reasons he never explained, 555 00:27:17,535 --> 00:27:18,703 Hughes withdrew the picture. 556 00:27:18,770 --> 00:27:21,640 And I think he was probably just waiting for an opportunity 557 00:27:21,706 --> 00:27:23,008 for greater publicity. 558 00:27:23,074 --> 00:27:25,844 And sure enough, in 1946 he was back, 559 00:27:25,910 --> 00:27:29,514 but the Maryland censors, along with other states, 560 00:27:29,581 --> 00:27:32,851 declined his request for a license. 561 00:27:32,917 --> 00:27:35,286 He sued, and the Baltimore city court judge 562 00:27:35,353 --> 00:27:38,923 agreed with the censors, and he noted that, quote, 563 00:27:38,990 --> 00:27:41,693 "Jane Russell's breasts hang over the picture 564 00:27:41,760 --> 00:27:44,829 "like a thunderstorm over a landscape." 565 00:27:44,896 --> 00:27:47,666 - Somebody got the rights from Howard Hughes 566 00:27:47,732 --> 00:27:49,467 to try to resell it again. 567 00:27:49,534 --> 00:27:50,969 (upbeat piano music) 568 00:27:51,036 --> 00:27:52,971 And they came to Maryland. 569 00:27:53,038 --> 00:27:56,374 And the guy they came to was Mr. Rappaport. 570 00:27:56,441 --> 00:27:59,978 He had the Hippodrome and the Town theaters, 571 00:28:00,045 --> 00:28:02,781 and he wanted to play The Outlaw real bad. 572 00:28:02,847 --> 00:28:05,150 He was lining up lawyers. 573 00:28:05,216 --> 00:28:09,354 He got my help, which was a little political help. 574 00:28:09,421 --> 00:28:11,022 And he got it passed. 575 00:28:11,089 --> 00:28:15,794 Had to change a few ads, cover up the cleavage. 576 00:28:16,795 --> 00:28:18,930 Yeah, well it wasn't that good a picture, 577 00:28:18,997 --> 00:28:20,699 so it would've been a nothing. 578 00:28:20,765 --> 00:28:25,270 Howard Hughes had a lot of money, but who was Jane Russell? 579 00:28:25,336 --> 00:28:27,072 Nobody knew her. 580 00:28:27,138 --> 00:28:31,076 What absolutely made the picture 581 00:28:31,142 --> 00:28:33,411 was the Maryland censor board. 582 00:28:33,478 --> 00:28:36,281 (sweeping music) 583 00:28:39,984 --> 00:28:42,921 (woman singing) 584 00:28:45,256 --> 00:28:48,827 - [Laura] I think the censors were wary of foreign films 585 00:28:48,893 --> 00:28:52,030 largely because they usually didn't go through 586 00:28:52,097 --> 00:28:56,267 the approval process of the Production Code Administration. 587 00:28:56,334 --> 00:29:00,071 - It may interest you to sit in with us at a meeting 588 00:29:00,138 --> 00:29:04,509 of the Production Code Administration in Hollywood, 589 00:29:04,576 --> 00:29:08,980 where we are working for plainer and better motion pictures. 590 00:29:09,047 --> 00:29:12,317 - [Laura] The censors had gotten used to, after 1934 591 00:29:12,383 --> 00:29:15,653 and the introduction of the Production Code Administration 592 00:29:15,720 --> 00:29:16,955 under Joseph Breen, 593 00:29:17,021 --> 00:29:19,124 movies had gotten a lot cleaner. 594 00:29:19,190 --> 00:29:21,259 The censors had a lot less to cut, 595 00:29:21,326 --> 00:29:24,262 they had a lot less to argue with with distributors, 596 00:29:24,329 --> 00:29:26,131 because the Production Code Administration 597 00:29:26,197 --> 00:29:28,700 was really doing the job that it had set out to do, 598 00:29:28,767 --> 00:29:30,301 which was to clean up movies. 599 00:29:30,368 --> 00:29:34,105 That filter isn't there for many of the foreign films. 600 00:29:34,172 --> 00:29:35,373 They're just coming in. 601 00:29:35,440 --> 00:29:38,877 They're much more open about sexuality, 602 00:29:38,943 --> 00:29:41,980 they're much more gritty in their realism, 603 00:29:42,046 --> 00:29:44,349 they don't necessarily have happy endings. 604 00:29:44,415 --> 00:29:46,951 They're very different kinds of films, 605 00:29:47,018 --> 00:29:49,521 much more frank, much more daring. 606 00:29:49,587 --> 00:29:53,324 (speaking foreign language) 607 00:30:02,100 --> 00:30:03,601 (projector clicks and whirs) 608 00:30:03,668 --> 00:30:08,173 (restrained uptempo piano music) 609 00:30:08,239 --> 00:30:10,742 - [Robert] When foreign movies started becoming popular 610 00:30:10,809 --> 00:30:15,113 in this country, one of the early controversial ones 611 00:30:15,180 --> 00:30:17,382 was the Czech film Ecstasy, 612 00:30:17,448 --> 00:30:19,784 which brought Hedy Lamarr over here 613 00:30:19,851 --> 00:30:23,755 and made her a very popular actress. 614 00:30:23,822 --> 00:30:27,058 The movie became terribly popular. 615 00:30:27,125 --> 00:30:29,627 It was censored by everybody in the world. 616 00:30:29,694 --> 00:30:32,997 The Pope didn't like it, the Nazis didn't like it. 617 00:30:33,064 --> 00:30:35,033 The U.S. Customs didn't like it. 618 00:30:35,099 --> 00:30:37,135 They seized the film when it first came over. 619 00:30:37,202 --> 00:30:39,137 It was a lot of trouble to actually get it 620 00:30:39,204 --> 00:30:41,206 into the theaters here. 621 00:30:41,272 --> 00:30:43,942 - [Laura] Ecstasy was a scandalous film 622 00:30:44,008 --> 00:30:47,111 that became an international cause celebre. 623 00:30:47,178 --> 00:30:49,614 It was a joint Czech-German production 624 00:30:49,681 --> 00:30:53,051 that starred Hedy Lamarr as an adulteress 625 00:30:53,117 --> 00:30:55,787 who was not always fully clothed. 626 00:30:55,854 --> 00:30:58,790 She was married to an older man 627 00:30:58,857 --> 00:31:00,191 who turned out to be impotent. 628 00:31:00,258 --> 00:31:04,896 And so in her frustration, she takes long horseback rides 629 00:31:04,963 --> 00:31:07,866 and goes swimming, and in one famous scene, 630 00:31:07,932 --> 00:31:09,868 she's swimming in the pond and turns over, 631 00:31:09,934 --> 00:31:11,402 and she's completely nude. 632 00:31:11,469 --> 00:31:13,738 It's only shown for a couple of seconds, 633 00:31:13,805 --> 00:31:14,873 and then she rolls over again, 634 00:31:14,939 --> 00:31:16,975 but it was shocking for the time. 635 00:31:17,041 --> 00:31:19,544 Then while she's swimming in the pond one day, 636 00:31:19,611 --> 00:31:21,045 her horse runs off, 637 00:31:21,112 --> 00:31:24,582 bolts because he's running after a mare in heat. 638 00:31:24,649 --> 00:31:28,219 Here, the symbolism starts to clash everywhere. 639 00:31:28,286 --> 00:31:31,890 He runs off, and he's got her clothes on his back. 640 00:31:31,956 --> 00:31:33,157 And so she runs after the horse 641 00:31:33,224 --> 00:31:35,193 desperately trying to catch him. 642 00:31:35,260 --> 00:31:37,729 She can't because he's going after the mare in heat, 643 00:31:37,795 --> 00:31:41,733 and she winds up being discovered by a crew of men 644 00:31:41,799 --> 00:31:43,167 who are working nearby. 645 00:31:43,234 --> 00:31:46,204 And there's a young, very virile engineer nearby, 646 00:31:46,271 --> 00:31:49,307 and she's cowering in the bushes because she has no clothes. 647 00:31:49,374 --> 00:31:53,211 And they meet and they get together and they fall in love. 648 00:31:53,278 --> 00:31:55,546 And in one particularly scandalous scene, 649 00:31:55,613 --> 00:31:59,984 they're dancing in a hotel room while her husband, 650 00:32:00,051 --> 00:32:02,287 the impotent husband, is in a hotel room above, 651 00:32:02,353 --> 00:32:05,189 and he commits suicide because he's lost his wife. 652 00:32:05,256 --> 00:32:09,394 It's a very tragic story, it has a tragic ending. 653 00:32:09,460 --> 00:32:11,596 But it was very artistic. (gunshot in distance) 654 00:32:11,663 --> 00:32:14,465 Had only 300 words of dialogue in the entire movie. 655 00:32:14,532 --> 00:32:16,234 It's very moody. (ominous music) 656 00:32:16,301 --> 00:32:19,837 Very unusual kind of film for American audiences. 657 00:32:19,904 --> 00:32:21,372 And quite scandalous. 658 00:32:25,209 --> 00:32:28,446 (dark ominous music) 659 00:32:38,222 --> 00:32:39,691 Ecstasy's American distributor 660 00:32:39,757 --> 00:32:42,527 was a company named Eureka Productions, 661 00:32:42,593 --> 00:32:44,996 and they really wanted to bring this film 662 00:32:45,063 --> 00:32:46,397 into the United States. 663 00:32:46,464 --> 00:32:48,666 They ran into trouble with the Customs officials. 664 00:32:48,733 --> 00:32:50,568 They managed to get it through Customs, 665 00:32:50,635 --> 00:32:55,506 and then spent six years and an untold amount of money 666 00:32:55,573 --> 00:32:58,343 fighting against censor cuts in virtually every place 667 00:32:58,409 --> 00:33:01,212 where they tried to show the movie. 668 00:33:01,279 --> 00:33:04,415 After those six years of battling in federal 669 00:33:04,482 --> 00:33:06,851 and in several state courts, 670 00:33:06,918 --> 00:33:10,521 it left a considerable wake behind for the film industry. 671 00:33:10,588 --> 00:33:13,758 It reinforced the judiciary's refusal 672 00:33:13,825 --> 00:33:15,426 to overturn the censors (romantic music on screen) 673 00:33:15,493 --> 00:33:18,629 unless actual malfeasance could be proven. 674 00:33:18,696 --> 00:33:21,532 Any appeals that were based on the argument 675 00:33:21,599 --> 00:33:26,270 of artistic merit or the argument that critics' opinions 676 00:33:26,337 --> 00:33:29,273 should be considered in a censorship decision 677 00:33:29,340 --> 00:33:30,842 would be absolutely fruitless. 678 00:33:30,908 --> 00:33:33,478 They went nowhere in the courts. 679 00:33:33,544 --> 00:33:36,981 The censors continued to decide 680 00:33:37,048 --> 00:33:38,716 whether a movie should be shown or not 681 00:33:38,783 --> 00:33:40,251 by viewing individual scenes 682 00:33:40,318 --> 00:33:42,754 and not looking at the movie as an organic entity. 683 00:33:42,820 --> 00:33:46,924 And finally, it showed that the censors could not be cowed 684 00:33:46,991 --> 00:33:48,426 into changing a determination. 685 00:33:48,493 --> 00:33:51,329 Even after prolonged legal battles, 686 00:33:51,396 --> 00:33:53,765 the censors never really gave in. 687 00:33:53,831 --> 00:33:56,601 (sweeping music) 688 00:34:03,608 --> 00:34:04,942 - [Molly] Where are we going? 689 00:34:05,009 --> 00:34:07,645 - [Frankie] I don't know, but I wanna buy you something. 690 00:34:07,712 --> 00:34:08,746 - [Molly] Ah, well. 691 00:34:08,813 --> 00:34:10,882 - I gotta spend some money or I'll bust. 692 00:34:10,948 --> 00:34:12,350 How about one of those in green? 693 00:34:12,417 --> 00:34:14,052 - (laughs) Frankie! 694 00:34:14,118 --> 00:34:15,787 - Maybe a colored TV set. 695 00:34:15,853 --> 00:34:16,954 They're pretty. 696 00:34:17,021 --> 00:34:17,889 - Oh, come on. 697 00:34:17,955 --> 00:34:19,123 - [Robert] After the war, 698 00:34:19,190 --> 00:34:21,659 censors wanted to censor newsreels. 699 00:34:21,726 --> 00:34:23,428 The Senate said, no, you can't do that. 700 00:34:23,494 --> 00:34:25,363 But it was a close vote. 701 00:34:25,430 --> 00:34:27,432 And they also wanted to censor television, 702 00:34:27,498 --> 00:34:28,900 but that didn't go anywhere, either. 703 00:34:28,966 --> 00:34:31,335 - Keep our old friend Andy from going to jail. 704 00:34:31,402 --> 00:34:35,206 - By the 1940s, with the onset of the Cold War, 705 00:34:35,273 --> 00:34:38,209 with the rise of liberalism 706 00:34:38,276 --> 00:34:41,512 and the suppression of anything left or leftist, 707 00:34:41,579 --> 00:34:45,550 we really begin to see efforts to control 708 00:34:45,616 --> 00:34:49,153 what the American population has access to, 709 00:34:49,220 --> 00:34:50,755 for fear of subversion, 710 00:34:50,822 --> 00:34:55,259 for fear that we really don't know those who are around us. 711 00:34:55,326 --> 00:35:00,565 We began to see that aspect of Cold War conservatism 712 00:35:01,699 --> 00:35:04,869 mesh with the changes that are not necessarily unrelated 713 00:35:04,936 --> 00:35:08,106 with the racial situation in the United States. 714 00:35:08,172 --> 00:35:10,141 - And I know what you done. 715 00:35:10,208 --> 00:35:12,710 And you know I never told you to pretend 716 00:35:12,777 --> 00:35:14,645 you is what you ain't. 717 00:35:17,281 --> 00:35:18,749 - I didn't mean to, Granny. 718 00:35:20,118 --> 00:35:21,586 It just happened. 719 00:35:21,652 --> 00:35:23,988 - But that's a sin before God and you know it. 720 00:35:24,055 --> 00:35:26,324 - It was a conductor on the train. 721 00:35:26,390 --> 00:35:29,093 He put me back in another car, the white one. 722 00:35:29,160 --> 00:35:31,762 - But he knowed who you was, I put you where you belonged. 723 00:35:31,829 --> 00:35:33,498 - No, it was after that. 724 00:35:33,564 --> 00:35:37,835 - We see the first American president since Abraham Lincoln 725 00:35:37,902 --> 00:35:42,073 beginning to consider ways in which to ameliorate 726 00:35:42,140 --> 00:35:45,576 the differences in citizenship in race. 727 00:35:45,643 --> 00:35:49,914 Specifically, Harry Truman issues his committee's report 728 00:35:49,981 --> 00:35:54,185 to secure these rights, which begins to pave the way 729 00:35:54,252 --> 00:35:56,020 towards first-class citizenship. 730 00:35:56,087 --> 00:35:59,490 We begin to see some civil rights gains in the courts. 731 00:35:59,557 --> 00:36:03,928 We begin to see access to improved housing conditions 732 00:36:03,995 --> 00:36:04,862 from the Supreme Court. 733 00:36:04,929 --> 00:36:08,833 Whites have a very real and tangible sense 734 00:36:08,900 --> 00:36:11,435 that their way of life is changing. 735 00:36:11,502 --> 00:36:16,707 A notion that a film about a woman believed to be white 736 00:36:17,642 --> 00:36:19,810 but who turns out to be secretly black 737 00:36:19,877 --> 00:36:22,813 would have been very popular, very intriguing 738 00:36:22,880 --> 00:36:25,883 to the popular sensibility at that point in time. 739 00:36:25,950 --> 00:36:27,051 - Can we give you a lift? 740 00:36:27,118 --> 00:36:28,386 - No, thank you. 741 00:36:28,452 --> 00:36:29,787 (car engine hums) 742 00:36:29,854 --> 00:36:31,822 - Excuse me, ma'am, you must be a stranger around here. 743 00:36:31,889 --> 00:36:33,758 We can't let no white girl walk by herself 744 00:36:33,824 --> 00:36:35,393 through this here nigger section. 745 00:36:35,459 --> 00:36:37,028 - I live in this section. 746 00:36:37,094 --> 00:36:38,029 - You what? 747 00:36:38,095 --> 00:36:39,730 - I said I live here, now just leave me alone! 748 00:36:39,797 --> 00:36:42,099 - It deals with an African-American woman 749 00:36:42,166 --> 00:36:44,302 who passes as white 750 00:36:44,368 --> 00:36:46,404 while she's attending nursing school in Boston. 751 00:36:46,470 --> 00:36:49,707 When she goes back home to Mississippi, 752 00:36:49,774 --> 00:36:53,277 she can longer pass as white, everyone knows who she is. 753 00:36:53,344 --> 00:36:55,713 And there she has to face her past, 754 00:36:55,780 --> 00:36:58,816 and she has to face the discrimination that continues. 755 00:36:58,883 --> 00:37:02,053 So the story is about a woman who has lived in both worlds. 756 00:37:02,119 --> 00:37:04,021 Right there, we can see in 1949 757 00:37:04,088 --> 00:37:06,624 in places like Mississippi or Georgia or Alabama 758 00:37:06,691 --> 00:37:11,128 that this could be a problematic issue for some censors. 759 00:37:11,195 --> 00:37:12,930 These could cause racial disharmony, 760 00:37:12,997 --> 00:37:17,101 these could cause problems with the social order as it is. 761 00:37:17,168 --> 00:37:21,539 And the answer to that question for one group of censors, 762 00:37:21,606 --> 00:37:24,008 the censors of Marshall, Texas, 763 00:37:24,075 --> 00:37:27,345 was to ban the showing of the movie Pinky. 764 00:37:27,411 --> 00:37:30,414 - The shocking aspect of a film like Pinky, 765 00:37:30,481 --> 00:37:34,352 in which a black woman is passing as white, 766 00:37:34,418 --> 00:37:39,257 and even upon discovery of her secret blackness, 767 00:37:39,323 --> 00:37:43,227 her white fiance accepts her nonetheless, 768 00:37:43,294 --> 00:37:45,429 isn't so much that people were unaware 769 00:37:45,496 --> 00:37:46,864 that such things could happen, 770 00:37:46,931 --> 00:37:48,799 but those things simply weren't spoken. 771 00:37:48,866 --> 00:37:51,669 - She's washed and ironed and carried clean clothes 772 00:37:51,736 --> 00:37:55,239 to people's back doors through rain and cold 773 00:37:55,306 --> 00:37:56,607 and the heat of summer. 774 00:37:57,575 --> 00:37:59,910 And she saved her money and lived on the scraps 775 00:37:59,977 --> 00:38:01,178 white people gave her. 776 00:38:01,245 --> 00:38:02,647 Why? 777 00:38:02,713 --> 00:38:05,716 For me, so she could send me off to school. 778 00:38:05,783 --> 00:38:07,685 So I could learn to be a nurse. 779 00:38:08,619 --> 00:38:10,454 So her granddaughter would be spared 780 00:38:10,521 --> 00:38:12,556 the kind of life she's had to live. 781 00:38:16,594 --> 00:38:17,728 - Granddaughter? 782 00:38:17,795 --> 00:38:20,498 - Yes, her granddaughter, me. 783 00:38:21,265 --> 00:38:22,566 - [Laura] It was becoming obvious 784 00:38:22,633 --> 00:38:27,071 to even the Hollywood producers that it was time 785 00:38:27,138 --> 00:38:29,774 to start looking at the state and local censors, 786 00:38:29,840 --> 00:38:32,810 because they were going to get involved in cases like this, 787 00:38:32,877 --> 00:38:35,112 cases that were racially sensitive. 788 00:38:35,179 --> 00:38:38,849 Local boards in places like Memphis or places like Atlanta, 789 00:38:38,916 --> 00:38:41,452 or in this case, like Marshall, Texas, 790 00:38:41,519 --> 00:38:43,988 they could be real problems for the distributors 791 00:38:44,055 --> 00:38:48,626 if they continued this kind of banning of movies 792 00:38:48,693 --> 00:38:50,561 that were being cleared 793 00:38:50,628 --> 00:38:53,364 in the larger state censorship boards. 794 00:38:53,431 --> 00:38:56,367 (playful music) 795 00:39:13,351 --> 00:39:17,021 (ominous distressed music) 796 00:39:23,961 --> 00:39:27,398 - By the early 1950s, particularly in the larger cities 797 00:39:27,465 --> 00:39:30,568 of the United States, north, south, as west, 798 00:39:30,634 --> 00:39:33,671 you had long-established, sophisticated, 799 00:39:33,738 --> 00:39:37,742 in some instances politically connected black populations 800 00:39:37,808 --> 00:39:40,945 who understood that if discrimination had not formally 801 00:39:41,011 --> 00:39:44,081 been done away with, there was still some element 802 00:39:44,148 --> 00:39:45,616 and exercise of power 803 00:39:45,683 --> 00:39:47,852 which allowed them certain prerogatives. 804 00:39:48,619 --> 00:39:49,954 - Chip Wiggins. 805 00:39:50,020 --> 00:39:52,356 I don't think you even care that I was just insulted. 806 00:39:52,423 --> 00:39:53,624 - What are you talking about? 807 00:39:53,691 --> 00:39:54,492 - Who insulted you? 808 00:39:54,558 --> 00:39:55,693 - A nigger. 809 00:39:55,760 --> 00:39:57,328 Sally and I were walking along Parson Street-- 810 00:39:57,395 --> 00:39:58,529 - Lois! 811 00:39:58,596 --> 00:39:59,697 - You mean one of them made a pass at you? 812 00:39:59,764 --> 00:40:01,098 - Well, what do you expect us to do? 813 00:40:01,165 --> 00:40:04,135 After all, we're just a couple of helpless girls. 814 00:40:04,201 --> 00:40:07,505 But if you just wanna stand around here and yak about it. 815 00:40:07,571 --> 00:40:08,806 Come on, Sally. 816 00:40:08,873 --> 00:40:10,207 - Lois, how could you-- 817 00:40:10,274 --> 00:40:13,544 - For example in Baltimore, with the Afro-American's 818 00:40:13,611 --> 00:40:17,214 complaints about The Well because of the language, 819 00:40:17,281 --> 00:40:21,619 we can see that just as easily as a community interested 820 00:40:21,685 --> 00:40:26,056 in not seeing pejorative language used about them 821 00:40:26,123 --> 00:40:27,625 or people who might relate to them, 822 00:40:27,691 --> 00:40:29,760 and their ability to go through political channels, 823 00:40:29,827 --> 00:40:31,862 to go through the powers of politics 824 00:40:31,929 --> 00:40:34,665 to protect themselves in a way that, 825 00:40:34,732 --> 00:40:37,635 surprisingly perhaps to us in the 21st century, 826 00:40:37,701 --> 00:40:39,537 they had the expectation that they could. 827 00:40:39,603 --> 00:40:41,105 - The authorities are bound be to biased. 828 00:40:41,172 --> 00:40:43,674 It's only natural they'll be influenced by race prejudice. 829 00:40:43,741 --> 00:40:45,743 - I don't think in this case, in this town, 830 00:40:45,810 --> 00:40:47,511 race prejudice will influence justice. 831 00:40:47,578 --> 00:40:49,213 - But this is a unique situation. 832 00:40:49,280 --> 00:40:52,516 A white man's accused of a crime against a Negro child. 833 00:40:52,583 --> 00:40:54,785 This time, the shoe's on the other foot. 834 00:40:55,586 --> 00:40:57,955 - [David] Many of the critics, 835 00:40:58,022 --> 00:41:00,491 particularly from African-American circles, 836 00:41:00,558 --> 00:41:01,725 of The Well 837 00:41:01,792 --> 00:41:04,662 believed that the story of The Well, 838 00:41:04,728 --> 00:41:06,997 which may or may not have been a problem, 839 00:41:07,064 --> 00:41:10,334 could be told without the gratuitous use 840 00:41:10,401 --> 00:41:13,838 of pejorative and negative language about Africa-Americans. 841 00:41:13,904 --> 00:41:15,606 - Mr. Franken, are you all right? 842 00:41:15,673 --> 00:41:16,874 - Come on, we best get out of here! 843 00:41:16,941 --> 00:41:17,708 - [Man] Somebody get a doctor! 844 00:41:17,775 --> 00:41:18,576 - [Woman] What happened? 845 00:41:18,642 --> 00:41:19,977 - Some niggers did it! 846 00:41:20,044 --> 00:41:23,447 - [David] They would have applauded efforts to ban 847 00:41:23,514 --> 00:41:25,649 certain types of language and to restrict 848 00:41:25,716 --> 00:41:27,284 access to certain types of ideas. 849 00:41:27,351 --> 00:41:28,619 (sirens blare) 850 00:41:28,686 --> 00:41:30,888 Protesting The Well because of its use of language 851 00:41:30,955 --> 00:41:36,126 as opposed to protesting The Well for some race-related, 852 00:41:37,294 --> 00:41:41,131 or violent race-related issue I think speaks to the 1950s 853 00:41:41,198 --> 00:41:45,202 as clearly as say, Birth of a Nation spoke to the 1910s. 854 00:41:45,269 --> 00:41:46,470 - [Woman] No, no! 855 00:41:46,537 --> 00:41:49,707 (suspenseful music) 856 00:41:50,808 --> 00:41:53,277 - Get in here, son! 857 00:41:53,344 --> 00:41:56,380 (tires squeal) 858 00:41:56,447 --> 00:41:59,850 (gentle elegant music) 859 00:42:26,310 --> 00:42:27,945 - [Laura] The Miracle involved a story 860 00:42:28,012 --> 00:42:30,047 that looked to some American Catholics 861 00:42:30,114 --> 00:42:32,750 like it might be very close to a mockery 862 00:42:32,816 --> 00:42:35,252 of the story of the Virgin birth. 863 00:42:35,319 --> 00:42:38,856 It's to some Catholics possibly blasphemy. 864 00:42:39,823 --> 00:42:41,659 - [Robert] They said it was sacrilegious. 865 00:42:41,725 --> 00:42:43,427 It went to the Supreme Court. 866 00:42:43,494 --> 00:42:45,262 That's what finally decided 867 00:42:45,329 --> 00:42:49,934 that movies deserved First Amendment protection. 868 00:42:50,000 --> 00:42:52,970 That they were in fact an artistic expression. 869 00:42:53,037 --> 00:42:56,340 - Roberto Rossellini's movie was only 41 minutes long. 870 00:42:56,407 --> 00:42:59,109 It's a very short little filmette, if you will. 871 00:42:59,176 --> 00:43:03,714 Joseph Burstyn was a film distributor and a film importer. 872 00:43:03,781 --> 00:43:04,915 So he bought the film rights 873 00:43:04,982 --> 00:43:06,750 and brought it into the United States 874 00:43:06,817 --> 00:43:09,119 and brought it to the censors in New York State, 875 00:43:09,186 --> 00:43:11,155 and they passed it, they said it was absolutely fine. 876 00:43:11,221 --> 00:43:14,458 Now you can't show a 41-minute film in American theaters. 877 00:43:14,525 --> 00:43:18,929 So Burstyn found two other short films and packaged them. 878 00:43:18,996 --> 00:43:22,766 He put them all together and titled the movie Ways of Love. 879 00:43:22,833 --> 00:43:25,035 A barrage of criticism hit the film 880 00:43:25,102 --> 00:43:26,737 when it opened at the Paris Theater. 881 00:43:26,804 --> 00:43:28,472 Pickets showed up at the theater, 882 00:43:28,539 --> 00:43:31,041 sometimes 100 pickets a night. 883 00:43:31,108 --> 00:43:35,412 And Catholics were asked to write letters to the censors 884 00:43:35,479 --> 00:43:38,482 and demand that The Miracle's license be revoked. 885 00:43:38,549 --> 00:43:41,418 And so the Board of Regents decided to hold a hearing. 886 00:43:41,485 --> 00:43:44,688 And it was pretty much a foregone conclusion 887 00:43:44,755 --> 00:43:47,524 that the three regents who saw the film 888 00:43:47,591 --> 00:43:49,259 declared that it was sacrilegious 889 00:43:49,326 --> 00:43:52,062 and ordered The Miracle's license revoked. 890 00:43:52,129 --> 00:43:54,965 At that point, Joseph Burstyn had a good case 891 00:43:55,032 --> 00:43:56,567 and decided to bring his case. 892 00:43:56,634 --> 00:43:59,903 He lost in both rounds of the New York State courts, 893 00:43:59,970 --> 00:44:02,272 and then he petitioned to get his case heard 894 00:44:02,339 --> 00:44:04,875 by the Supreme Court of the United States, 895 00:44:04,942 --> 00:44:07,044 which agreed to hear the case, 896 00:44:07,111 --> 00:44:10,147 which would make this case the first time the Supreme Court 897 00:44:10,214 --> 00:44:15,419 had heard an issue of film censorship since 1915. 898 00:44:16,120 --> 00:44:17,755 The Mutual case was critical 899 00:44:17,821 --> 00:44:20,024 to any success in the Miracle case. 900 00:44:20,090 --> 00:44:23,961 'Cause as long as that Mutual case stood as good law, 901 00:44:24,028 --> 00:44:26,263 censorship was gonna stand. 902 00:44:26,330 --> 00:44:29,533 The Miracle case had a clear outcome 903 00:44:29,600 --> 00:44:31,468 and a less clear outcome. 904 00:44:31,535 --> 00:44:34,505 After the Miracle case, no censor board could use sacrilege 905 00:44:34,571 --> 00:44:36,073 as a means to exclude a film. 906 00:44:36,140 --> 00:44:39,176 Justice Tom Clark, who wrote the opinion for the court, 907 00:44:39,243 --> 00:44:42,446 which was unanimous, by the way, in this, surprisingly so, 908 00:44:42,513 --> 00:44:46,116 he said, "Expression by means of motion pictures 909 00:44:46,183 --> 00:44:49,253 "is included within the free speech and free press guarantee 910 00:44:49,319 --> 00:44:51,655 "of the First and 14th Amendments." 911 00:44:51,722 --> 00:44:55,926 That's enough to make the anti-censorites just jump for joy. 912 00:44:55,993 --> 00:44:59,863 The court also said that since they were only determining 913 00:44:59,930 --> 00:45:02,800 whether a movie could be censored for sacrilege, 914 00:45:02,866 --> 00:45:04,401 they didn't have to determine whether a movie 915 00:45:04,468 --> 00:45:08,105 could be censored for something else like obscenity. 916 00:45:08,172 --> 00:45:10,874 No one was very sure what it meant. 917 00:45:10,941 --> 00:45:12,776 One person who was quite sure 918 00:45:12,843 --> 00:45:14,244 was Maryland's attorney general. 919 00:45:14,311 --> 00:45:18,048 Hall Hammond issued an advisory to the censor board 920 00:45:18,115 --> 00:45:21,518 that from then forward, the only censorable item left 921 00:45:21,585 --> 00:45:23,721 for them to use was obscenity. 922 00:45:23,787 --> 00:45:27,291 (playful music and ululating) 923 00:45:27,357 --> 00:45:30,027 By 1966, with the demise of New York 924 00:45:30,094 --> 00:45:32,029 at the hands of its own state supreme court, 925 00:45:32,096 --> 00:45:35,032 the only state left censoring was Maryland. 926 00:45:35,099 --> 00:45:36,133 (gentle piano music) 927 00:45:36,200 --> 00:45:38,402 Every time the Maryland board was faced 928 00:45:38,469 --> 00:45:41,171 with a legal challenge to a decision, 929 00:45:41,238 --> 00:45:44,975 they lost every case for 20 years. 930 00:45:45,042 --> 00:45:47,111 But I think the main problem they were having 931 00:45:47,177 --> 00:45:49,813 was with the experts they were using 932 00:45:49,880 --> 00:45:51,548 as their expert witnesses. 933 00:45:51,615 --> 00:45:54,084 And every time they would go to the Baltimore city court, 934 00:45:54,151 --> 00:45:56,086 the experts, whoever they were, 935 00:45:56,153 --> 00:45:58,222 the Baltimore city court judges would accept 936 00:45:58,288 --> 00:46:00,958 because the experts had said something was obscene. 937 00:46:01,024 --> 00:46:04,027 But when they got to the Maryland Court of Appeals, 938 00:46:04,094 --> 00:46:05,429 that's when the Maryland Court of Appeals said 939 00:46:05,496 --> 00:46:07,231 you're experts aren't really experts. 940 00:46:07,297 --> 00:46:09,800 - [Robert] Membership was very interesting over the years. 941 00:46:09,867 --> 00:46:11,435 You had the gamut. 942 00:46:11,502 --> 00:46:14,271 They were political appointees in the first place, 943 00:46:14,338 --> 00:46:16,306 but there were basically three members 944 00:46:16,373 --> 00:46:18,876 who viewed the pictures and who decided 945 00:46:18,942 --> 00:46:20,878 what scenes they wanted cut. 946 00:46:20,944 --> 00:46:24,281 - I don't know who is qualified to be a censor. 947 00:46:24,348 --> 00:46:27,651 I think that it's such a subjective thing 948 00:46:27,718 --> 00:46:33,023 and such a denial of freedom without much recourse 949 00:46:34,024 --> 00:46:36,894 for a filmmaker, for example. 950 00:46:36,960 --> 00:46:40,164 He'd have to spend a lot of money to go to court 951 00:46:40,230 --> 00:46:42,466 and maybe he'd win and maybe he wouldn't. 952 00:46:42,533 --> 00:46:45,335 - [Laura] Most of the censors on the state and local boards 953 00:46:45,402 --> 00:46:47,271 were people who seemed to have had 954 00:46:47,337 --> 00:46:49,473 very few qualifications as censors, 955 00:46:49,540 --> 00:46:52,342 some of whom weren't even particularly interested 956 00:46:52,409 --> 00:46:54,812 in movies before being nominated to the board 957 00:46:54,878 --> 00:46:56,013 by the governor. 958 00:46:56,079 --> 00:46:58,582 In Maryland the law was tightened in 1922 959 00:46:58,649 --> 00:47:01,952 and provided for three censors, and I'm quoting here, 960 00:47:02,019 --> 00:47:04,955 "well qualified by education and experience 961 00:47:05,022 --> 00:47:07,024 "to act as censors." 962 00:47:07,090 --> 00:47:11,128 But what well qualified meant was unaddressed. 963 00:47:11,195 --> 00:47:15,866 In 1961 the new chief censor, Norman C. Mason, 964 00:47:15,933 --> 00:47:18,468 had completed only the 11th grade. 965 00:47:18,535 --> 00:47:21,738 His successor was, according to James Dilts 966 00:47:21,805 --> 00:47:23,307 of the Baltimore Sun, 967 00:47:23,373 --> 00:47:26,443 the most experienced censor in Maryland's history 968 00:47:26,510 --> 00:47:28,946 because he'd spent the previous six years 969 00:47:29,012 --> 00:47:31,615 visiting his friend Mason in the projection room 970 00:47:31,682 --> 00:47:33,283 and watching movies with him. 971 00:47:33,350 --> 00:47:38,155 That was what qualified him as the most qualified censor. 972 00:47:38,222 --> 00:47:42,559 Salaries were very low, so censors were often women. 973 00:47:42,626 --> 00:47:44,661 In terms of how long the censors stayed, 974 00:47:44,728 --> 00:47:48,298 censors could change with each gubernatorial administration. 975 00:47:48,365 --> 00:47:52,135 So distributors often had no idea who the censors were 976 00:47:52,202 --> 00:47:53,670 and what they were likely to object to, 977 00:47:53,737 --> 00:47:56,974 because it might be somebody new every three years. 978 00:47:57,040 --> 00:47:58,275 - They're political jobs. 979 00:47:58,342 --> 00:48:00,010 You're appointed by the governor. 980 00:48:00,077 --> 00:48:01,511 - [Reporter] And you've been here 14 years? 981 00:48:01,578 --> 00:48:03,280 - Five different governors have appointed me, 982 00:48:03,347 --> 00:48:06,383 and I'm gonna be on 30 more years if I can help it. 983 00:48:06,450 --> 00:48:07,050 (laughter) 984 00:48:07,117 --> 00:48:08,352 (piano flourish) 985 00:48:08,418 --> 00:48:10,954 - [Robert] They had inspectors who would go around 986 00:48:11,021 --> 00:48:12,756 and actually view the movies, 987 00:48:12,823 --> 00:48:15,125 make sure that the scenes were cut 988 00:48:15,192 --> 00:48:16,493 that were supposed to be cut. 989 00:48:16,560 --> 00:48:18,195 They would also have a projection room 990 00:48:18,262 --> 00:48:19,529 where they could view a movie. 991 00:48:19,596 --> 00:48:21,131 - It was very easy, anybody could go down there 992 00:48:21,198 --> 00:48:22,933 if you had the time. 993 00:48:23,000 --> 00:48:24,301 Anybody could go to a screening. 994 00:48:24,368 --> 00:48:26,303 And I went to loads of screenings there. 995 00:48:26,370 --> 00:48:27,504 - I had never been there before, 996 00:48:27,571 --> 00:48:29,706 so my wife and I went, we took popcorn. 997 00:48:29,773 --> 00:48:34,711 And they didn't like that, because to me it was a big joke. 998 00:48:34,778 --> 00:48:37,147 - I was eight, seven or eight, 999 00:48:37,214 --> 00:48:38,548 so I wouldn't have been in the back 1000 00:48:38,615 --> 00:48:41,718 where they're watching the, quote unquote, good stuff. 1001 00:48:41,785 --> 00:48:42,886 But I would be in there. 1002 00:48:42,953 --> 00:48:44,688 It was just a basic office with desks. 1003 00:48:44,755 --> 00:48:47,124 A downtown business office. 1004 00:48:47,190 --> 00:48:48,492 It wouldn't have been any different 1005 00:48:48,558 --> 00:48:51,962 than any other bureaucratic front office. 1006 00:48:52,029 --> 00:48:54,298 Looking at it now, it's absurd in its hype, 1007 00:48:54,364 --> 00:48:56,099 and it's something out of a John Waters movie, 1008 00:48:56,166 --> 00:48:58,936 and no doubt John Waters got a lot of his inspiration 1009 00:48:59,002 --> 00:49:01,405 from this world, this Baltimore world. 1010 00:49:01,471 --> 00:49:02,306 (boy gasps) 1011 00:49:02,372 --> 00:49:04,007 - I love you, Baltimore, I really do. 1012 00:49:04,074 --> 00:49:07,044 (crowd applauds) 1013 00:49:07,811 --> 00:49:09,313 - I am Cecil B. DeMented! 1014 00:49:09,379 --> 00:49:10,981 And this is a fucking kidnapping! 1015 00:49:11,048 --> 00:49:12,449 (crowd panics) (bombs explode) 1016 00:49:12,516 --> 00:49:14,084 (guns fire) (crowd clamors) 1017 00:49:14,151 --> 00:49:16,153 Get down, everybody! 1018 00:49:16,219 --> 00:49:18,288 - [Laura] The review and the censoring process 1019 00:49:18,355 --> 00:49:20,324 was pretty similar from state to state. 1020 00:49:20,390 --> 00:49:23,293 If a distributor wanted to show a film commercially 1021 00:49:23,360 --> 00:49:26,897 within a censoring locality, he had to submit the film. 1022 00:49:26,964 --> 00:49:28,899 The distributor paid a fee at that time 1023 00:49:28,966 --> 00:49:32,769 based on the length of the film and the number of copies. 1024 00:49:32,836 --> 00:49:34,471 They would make notations. 1025 00:49:34,538 --> 00:49:36,540 They might ask the projectionist to stop 1026 00:49:36,606 --> 00:49:39,609 and go back if necessary to mark the exact spot 1027 00:49:39,676 --> 00:49:43,480 where an illegal word or gesture or conduct 1028 00:49:43,547 --> 00:49:44,481 had taken place. 1029 00:49:44,548 --> 00:49:45,849 (projector whirs) (tinkly piano music) 1030 00:49:45,916 --> 00:49:47,617 The reviewer would then write that down on a form, 1031 00:49:47,684 --> 00:49:50,320 and that form was then given to the distributor. 1032 00:49:50,387 --> 00:49:54,057 The distributor was required to remove those parts 1033 00:49:54,124 --> 00:49:56,927 and return the film for a second review. 1034 00:49:56,994 --> 00:50:02,199 (projector whirs) (tinkly piano music) 1035 00:50:03,266 --> 00:50:04,468 (bouncy piano music) 1036 00:50:04,534 --> 00:50:07,571 If the film was objectionable in the whole, 1037 00:50:07,637 --> 00:50:11,274 it was rejected using the term In Toto. 1038 00:50:11,341 --> 00:50:14,478 In other words, don't bother to bring this film back to us. 1039 00:50:14,544 --> 00:50:17,314 It isn't going to be passed no matter what you do to it. 1040 00:50:17,381 --> 00:50:19,916 If the distributor didn't wanna make the cuts 1041 00:50:19,983 --> 00:50:22,219 or had an In Toto rejection, 1042 00:50:22,285 --> 00:50:24,988 he could ask for a second review. 1043 00:50:25,055 --> 00:50:28,158 If the censors didn't budge after the second reviewer, 1044 00:50:28,225 --> 00:50:29,993 the distributor could sue. 1045 00:50:30,060 --> 00:50:32,229 That was the only recourse. 1046 00:50:32,295 --> 00:50:35,565 (bouncy piano music) 1047 00:50:36,299 --> 00:50:39,836 (sweeping elegant music) 1048 00:50:40,937 --> 00:50:46,309 - If the movie had the seal of the censor board 1049 00:50:47,477 --> 00:50:51,815 shown at the beginning of the film, anyone could go in. 1050 00:50:52,983 --> 00:50:57,854 What was missing from that seal was any reference at all 1051 00:50:59,022 --> 00:51:01,324 to the fact that the movie may have been abridged, 1052 00:51:01,391 --> 00:51:02,726 that there may have been deletions. 1053 00:51:02,793 --> 00:51:06,263 People would go thinking they were seeing the entire film 1054 00:51:06,329 --> 00:51:09,199 when maybe they weren't, and they didn't know that. 1055 00:51:09,266 --> 00:51:12,903 So that was, to me, outrageous. 1056 00:51:12,969 --> 00:51:16,339 If you buy a book, it'll say abridged or unabridged. 1057 00:51:16,406 --> 00:51:18,975 But in a film, where people are paying money 1058 00:51:19,042 --> 00:51:20,277 and they see the seal, 1059 00:51:20,343 --> 00:51:22,512 they assume that they're seeing the whole thing. 1060 00:51:22,579 --> 00:51:26,450 (ominous orchestral music) 1061 00:51:34,624 --> 00:51:36,393 - The board was a number of different things, 1062 00:51:36,460 --> 00:51:37,761 but one of the things it was 1063 00:51:37,828 --> 00:51:41,698 was a reward to a faithful servant. 1064 00:51:41,765 --> 00:51:45,035 My first contact with the board was at their invitation. 1065 00:51:45,102 --> 00:51:46,470 I did meet a couple of people 1066 00:51:46,536 --> 00:51:49,072 who had come into the screening who were on the board, 1067 00:51:49,139 --> 00:51:52,175 and I said, where's the chair? 1068 00:51:52,242 --> 00:51:54,744 And they said because of his infirmities, 1069 00:51:54,811 --> 00:51:57,714 he really wasn't able to see many of the films. 1070 00:51:57,781 --> 00:52:02,319 I suspect that Egbert Quinn at some earlier stage 1071 00:52:02,385 --> 00:52:03,553 may have seen a lot of films, 1072 00:52:03,620 --> 00:52:07,257 may have had strong thoughts about films. 1073 00:52:07,324 --> 00:52:10,494 But at the time, he really was disabled, 1074 00:52:10,560 --> 00:52:13,330 by distance, by his eyesight, 1075 00:52:13,396 --> 00:52:15,031 I think they even said he was deaf, too, 1076 00:52:15,098 --> 00:52:16,800 but I'm not sure about that. 1077 00:52:16,867 --> 00:52:17,934 (upbeat music) 1078 00:52:18,001 --> 00:52:21,404 - My mother was appointed by Millard Tawes, 1079 00:52:21,471 --> 00:52:25,909 Governor Millard Tawes, to the Motion Picture Censor Board 1080 00:52:25,976 --> 00:52:29,513 after a great deal of lobbying by my father, 1081 00:52:29,579 --> 00:52:33,583 who adored her and wanted her to be famous, 1082 00:52:33,650 --> 00:52:37,587 and he wanted to share her, she was an attractive woman. 1083 00:52:37,654 --> 00:52:40,490 And he had some political connections. 1084 00:52:40,557 --> 00:52:42,959 I can't say that she was qualified, 1085 00:52:43,026 --> 00:52:45,095 but my father thought she was 1086 00:52:45,162 --> 00:52:47,264 because he owned movie theaters 1087 00:52:47,330 --> 00:52:49,199 and she would go to the movies a lot. 1088 00:52:49,266 --> 00:52:51,535 I think her biggest qualification 1089 00:52:51,601 --> 00:52:55,272 was that she was capable of castration. 1090 00:52:55,338 --> 00:52:58,408 She was a ball-breaker, 1091 00:52:58,475 --> 00:53:03,647 and I am a survivor, astonishingly sane, 1092 00:53:04,347 --> 00:53:05,849 because she was pretty harsh. 1093 00:53:05,916 --> 00:53:07,117 (playful music) 1094 00:53:07,184 --> 00:53:09,186 - And the winner is: 1095 00:53:09,252 --> 00:53:12,255 (opens envelope) 1096 00:53:14,057 --> 00:53:15,992 Le ciel et la boue. 1097 00:53:16,059 --> 00:53:17,460 Sky Above and Mud Beneath. 1098 00:53:17,527 --> 00:53:18,628 (triumphant music) 1099 00:53:18,695 --> 00:53:20,297 - A friend of mine, we were having dinner, 1100 00:53:20,363 --> 00:53:23,333 a little bit of a provocateur. 1101 00:53:23,400 --> 00:53:24,968 "Mrs. Schecter, have you censored 1102 00:53:25,035 --> 00:53:26,703 "any movies lately?", he said. 1103 00:53:26,770 --> 00:53:29,272 "Oh, yes, we had one about this island 1104 00:53:29,339 --> 00:53:31,575 "in South Pacific somewhere 1105 00:53:31,641 --> 00:53:33,443 "where people were running around naked." 1106 00:53:33,510 --> 00:53:36,313 So my friend said, "The Sky Above, The Mud Below?" 1107 00:53:36,379 --> 00:53:37,514 "Yes, that's the one!" 1108 00:53:37,581 --> 00:53:39,282 "Well, what was wrong with that?" 1109 00:53:39,349 --> 00:53:41,151 "Frontal nudity." 1110 00:53:41,218 --> 00:53:42,686 "Frontal nudity," he said. 1111 00:53:42,752 --> 00:53:45,822 "Well did you want them to put clothes on those people?" 1112 00:53:45,889 --> 00:53:48,658 She said, "No, but let me give you an example. 1113 00:53:48,725 --> 00:53:50,594 "There was an old man sitting on a stool 1114 00:53:50,660 --> 00:53:52,996 "or some kind of a box or something. 1115 00:53:53,063 --> 00:53:55,699 "And his organ was showing. 1116 00:53:55,765 --> 00:53:58,268 "It must have been eight inches long. 1117 00:53:58,335 --> 00:54:00,237 "We had to cut that." 1118 00:54:00,303 --> 00:54:03,240 Now Sigmund Freud would say, cut that? 1119 00:54:03,306 --> 00:54:04,975 Snip snip on the penis? 1120 00:54:05,041 --> 00:54:06,309 Yes! 1121 00:54:06,376 --> 00:54:08,712 Yes, that's what my mother was doing! 1122 00:54:10,213 --> 00:54:11,014 Horrifying! 1123 00:54:11,081 --> 00:54:12,749 (dissonant music) 1124 00:54:12,816 --> 00:54:14,851 But my hope is she didn't get mine. 1125 00:54:14,918 --> 00:54:16,386 (chuckles) 1126 00:54:16,453 --> 00:54:18,054 Sorry about that. 1127 00:54:18,121 --> 00:54:20,857 (dissonant music and ululating) 1128 00:54:20,924 --> 00:54:24,494 - [Robert] There were women who were simply grandmothers. 1129 00:54:24,561 --> 00:54:27,230 Mary Avara was a perfect case. 1130 00:54:27,297 --> 00:54:30,433 A tough grandmother, a bail bondsman. 1131 00:54:30,500 --> 00:54:33,536 - In Maryland, deciding what is or isn't obscene 1132 00:54:33,603 --> 00:54:34,871 if it applies to movies 1133 00:54:34,938 --> 00:54:37,641 is the job of an official censorship board. 1134 00:54:37,707 --> 00:54:39,909 Charles Gibson has a report on one board member, 1135 00:54:39,976 --> 00:54:43,513 a very outspoken 70-year-old grandmother. 1136 00:54:43,580 --> 00:54:46,216 - (in unison with group) Our Father who art in Heaven, 1137 00:54:46,283 --> 00:54:47,884 hallowed by thy name-- 1138 00:54:47,951 --> 00:54:50,053 - [Charles] That's Mary Avara leading the prayer, 1139 00:54:50,120 --> 00:54:51,688 president and chief moving force 1140 00:54:51,755 --> 00:54:54,024 of the Ward Six Baltimore Ladies Club. 1141 00:54:54,090 --> 00:54:56,159 She's turned over her house to the club, 1142 00:54:56,226 --> 00:54:58,161 and the members call her St. Mary. 1143 00:54:58,228 --> 00:54:59,195 - I was working on the waterfront. 1144 00:54:59,262 --> 00:55:00,230 (jaunty music) 1145 00:55:00,297 --> 00:55:02,132 This is in the late '50s. 1146 00:55:02,198 --> 00:55:05,568 And the political leader there was Mike McHale, 1147 00:55:05,635 --> 00:55:06,770 he was a city councilman, 1148 00:55:06,836 --> 00:55:08,705 he lived around the corner from us. 1149 00:55:08,772 --> 00:55:11,107 So I was interested in politics, and one night he says, 1150 00:55:11,174 --> 00:55:13,209 "I want you to go to this political meeting. 1151 00:55:13,276 --> 00:55:14,944 "It's over in southwest Baltimore, 1152 00:55:15,011 --> 00:55:17,047 "over by the Hollins Street Market." 1153 00:55:18,214 --> 00:55:22,052 So I go with him in the car, we get by the market, 1154 00:55:22,118 --> 00:55:24,254 and the meeting place was up the steps. 1155 00:55:24,321 --> 00:55:25,488 (uptempo piano music) 1156 00:55:25,555 --> 00:55:27,657 And I remember walking up the steps with him 1157 00:55:27,724 --> 00:55:31,061 to the floor where the meeting was gonna be held. 1158 00:55:31,127 --> 00:55:34,764 And when we get there, this guy that's half drunk 1159 00:55:34,831 --> 00:55:37,400 comes over to him and starts hitting him in his face 1160 00:55:37,467 --> 00:55:39,636 and bad-mouthing him. 1161 00:55:39,703 --> 00:55:41,571 And before Mike could say anything, 1162 00:55:41,638 --> 00:55:45,842 this woman came out of the shadows, 1163 00:55:45,909 --> 00:55:47,877 grabbed the guy by the collar, 1164 00:55:47,944 --> 00:55:52,415 and said, "Don't you insult Mr. McHale, he's my guest." 1165 00:55:52,482 --> 00:55:54,551 After she did that, Mike turned to me and said, 1166 00:55:54,617 --> 00:55:57,620 "Billy, I want you to meet Mary Avara." 1167 00:55:57,687 --> 00:56:00,957 (jaunty piano music) 1168 00:56:04,627 --> 00:56:09,833 Mary Avara was genuine, authentic, Italian, Catholic. 1169 00:56:12,969 --> 00:56:17,507 And political, loyal, faithful. 1170 00:56:18,408 --> 00:56:19,743 That's Mary Avara. 1171 00:56:19,809 --> 00:56:24,581 - [Man] Mary Avara was the power behind the censor board, 1172 00:56:24,647 --> 00:56:26,983 much as the Medicis never held a position 1173 00:56:27,050 --> 00:56:30,820 in the Signoria of Florence, but they were the powers. 1174 00:56:30,887 --> 00:56:33,556 Someone had to do it, and she seemed to enjoy it. 1175 00:56:33,623 --> 00:56:36,159 - She was easy to offend, and the thing was, though, 1176 00:56:36,226 --> 00:56:37,360 she became a national joke. 1177 00:56:37,427 --> 00:56:41,364 My memory with her, it was always nudity and thrusting, 1178 00:56:41,431 --> 00:56:43,466 she really hated thrusting. 1179 00:56:43,533 --> 00:56:45,068 Now I don't think she had ever imagined 1180 00:56:45,135 --> 00:56:47,036 a penis would ever be shown in the movies. 1181 00:56:47,103 --> 00:56:50,073 I'm sure that threw her into a complete fit. 1182 00:56:50,140 --> 00:56:55,311 - Well, Mary was laughable, but she was also a stern censor, 1183 00:56:56,246 --> 00:56:57,580 so that you would've laughed at the same time 1184 00:56:57,647 --> 00:56:59,449 she had a good bit of power. 1185 00:56:59,516 --> 00:57:01,885 - [Pat] She was so the enemy. 1186 00:57:01,951 --> 00:57:06,022 You know, she was like Captain Hook. 1187 00:57:06,089 --> 00:57:07,824 You know, if you were a kid and saw that movie, 1188 00:57:07,891 --> 00:57:09,826 that was a villain, you know? 1189 00:57:09,893 --> 00:57:11,394 And she was just a villain. 1190 00:57:11,461 --> 00:57:14,464 - Regardless if anybody says, my constitutional rights, 1191 00:57:14,531 --> 00:57:17,167 big deal, constitutional right! 1192 00:57:17,233 --> 00:57:18,368 When that was written, 1193 00:57:18,435 --> 00:57:20,336 how many people were here and existed? 1194 00:57:20,403 --> 00:57:24,941 Did they have these type of films that are being shown? 1195 00:57:25,008 --> 00:57:27,510 - [Charles] Mary finds the ratings far too lenient 1196 00:57:27,577 --> 00:57:28,812 and uses her own. 1197 00:57:28,878 --> 00:57:32,549 - Well, I rate them GP, garbage production. 1198 00:57:32,615 --> 00:57:34,484 R is for rotten. 1199 00:57:35,251 --> 00:57:37,520 BR, beyond repairs. 1200 00:57:38,321 --> 00:57:39,789 If it's real bad, 4 R's, 1201 00:57:39,856 --> 00:57:42,926 rotten, rotten, and rotten, and rotten. 1202 00:57:42,992 --> 00:57:44,961 - [Charles] The Supreme Court says community standards 1203 00:57:45,028 --> 00:57:47,897 should determine what is pornographic, what can't be shown. 1204 00:57:47,964 --> 00:57:50,400 Mary says she simply represents the community 1205 00:57:50,467 --> 00:57:53,470 and has stacks of congratulatory letters from Marylanders 1206 00:57:53,536 --> 00:57:54,871 to back her up. 1207 00:57:54,938 --> 00:57:57,273 And she says she'll stay as the keeper of Maryland morals 1208 00:57:57,340 --> 00:57:58,708 as long as they'll let her. 1209 00:57:58,775 --> 00:58:00,477 - [Mary] Don't nobody care. 1210 00:58:00,543 --> 00:58:04,314 Somewhere, somebody has to take a stand. 1211 00:58:04,380 --> 00:58:07,484 - The whole thing was wrong from top to bottom. 1212 00:58:07,550 --> 00:58:09,853 There was nothing about it that was right 1213 00:58:09,919 --> 00:58:12,121 or, in my estimation, funny. 1214 00:58:12,188 --> 00:58:15,358 But it was a laughingstock, actually, of the United States 1215 00:58:15,425 --> 00:58:17,393 when she did the talk show circuit. 1216 00:58:17,460 --> 00:58:21,297 - She was, you know, had a fourth grade education, so what? 1217 00:58:21,364 --> 00:58:23,967 But I don't think that she should've had a say 1218 00:58:24,033 --> 00:58:26,069 of what people, what movies they should see. 1219 00:58:26,135 --> 00:58:28,972 And she said really stupid things all the time. 1220 00:58:29,038 --> 00:58:30,807 But yet, people thought it was funny. 1221 00:58:30,874 --> 00:58:33,910 She never understood people were laughing at her. 1222 00:58:33,977 --> 00:58:36,212 And they were definitely laughing at her. 1223 00:58:36,279 --> 00:58:37,614 Now she may have known that. 1224 00:58:37,680 --> 00:58:39,549 She liked being famous, definitely. 1225 00:58:39,616 --> 00:58:42,685 She liked being in the news, 1226 00:58:42,752 --> 00:58:44,521 and she liked the whole bit of it, 1227 00:58:44,587 --> 00:58:46,289 she liked to fight and everything. 1228 00:58:46,356 --> 00:58:47,590 I found her not colorful. 1229 00:58:47,657 --> 00:58:48,758 I found her a moron, 1230 00:58:48,825 --> 00:58:50,727 and I felt she was incredibly embarrassing 1231 00:58:50,793 --> 00:58:52,729 for the city of Baltimore, if you wanna know the truth. 1232 00:58:52,795 --> 00:58:54,397 - I want to tell you something, Bobby, 1233 00:58:54,464 --> 00:58:56,332 are you really Italian? 1234 00:58:56,399 --> 00:58:57,767 You can't possibly be. 1235 00:58:57,834 --> 00:58:58,935 - [Bobby] Now what does that have to do-- 1236 00:58:59,002 --> 00:59:01,204 - For the simple reason that Italian people-- 1237 00:59:01,271 --> 00:59:02,405 - What does that have to do with 1975-- 1238 00:59:02,472 --> 00:59:04,340 - I don't care if it's 1980, 1239 00:59:04,407 --> 00:59:07,510 Italian people don't teach their children your way. 1240 00:59:07,577 --> 00:59:08,778 A lot of other nationalities-- 1241 00:59:08,845 --> 00:59:11,247 - You mean I don't teach-- (crowd applauds) 1242 00:59:11,314 --> 00:59:13,249 - No, Bobby, I'm very sorry. 1243 00:59:13,316 --> 00:59:14,250 My daughter-in-law-- 1244 00:59:14,317 --> 00:59:15,385 - [Bobby] You mean teach them freedom, 1245 00:59:15,451 --> 00:59:16,386 is that what you're saying? 1246 00:59:16,452 --> 00:59:18,254 - Oh, we have freedom, don't you have freedom? 1247 00:59:18,321 --> 00:59:19,656 - I'm questioning right now. 1248 00:59:19,722 --> 00:59:21,357 - One of my daughter-in-laws, she said, 1249 00:59:21,424 --> 00:59:22,725 "Oh I just think it's great 1250 00:59:22,792 --> 00:59:24,794 "that you're going on with that Bobby Darin, 1251 00:59:24,861 --> 00:59:26,195 "I think he's too much--" 1252 00:59:26,262 --> 00:59:27,830 - What does that have to do with the price of eggs? 1253 00:59:27,897 --> 00:59:28,998 - Now of course she probably right now 1254 00:59:29,065 --> 00:59:30,600 is gonna change her opinion of you-- 1255 00:59:30,667 --> 00:59:33,102 (audience laughs) 1256 00:59:33,169 --> 00:59:34,604 And I'll tell you another thing. 1257 00:59:34,671 --> 00:59:36,239 We're getting from one subject to another 1258 00:59:36,306 --> 00:59:38,808 When you start showing all these films and all, 1259 00:59:38,875 --> 00:59:40,476 nobody's gonna change me, 1260 00:59:40,543 --> 00:59:41,644 I don't change that easy, 1261 00:59:41,711 --> 00:59:43,313 and I've been on the board 10 years, 1262 00:59:43,379 --> 00:59:44,414 I'm a mother. 1263 00:59:44,480 --> 00:59:46,749 I'm just as qualified as anybody 1264 00:59:46,816 --> 00:59:49,719 who's got an education degree and what else, 1265 00:59:49,786 --> 00:59:51,788 but I'm gonna protect youngsters 1266 00:59:51,854 --> 00:59:54,857 if that's the last thing I do, if I live 20 more years. 1267 00:59:54,924 --> 00:59:56,225 (audience applauds) 1268 00:59:56,292 --> 00:59:58,595 - I wanna thank Margery Shriver and Miss Mary Avara. 1269 00:59:58,661 --> 01:00:00,163 Thank you for coming. 1270 01:00:00,229 --> 01:00:02,665 (audience applauds) (light piano music) 1271 01:00:02,732 --> 01:00:03,967 - [Robert] During the life of the censor board 1272 01:00:04,033 --> 01:00:06,369 it was a constant polarization. 1273 01:00:06,436 --> 01:00:08,271 There were people who thought the censor board 1274 01:00:08,338 --> 01:00:10,473 was absolutely useless. (bright piano music) 1275 01:00:10,540 --> 01:00:11,908 You found this in the newspapers. 1276 01:00:11,975 --> 01:00:15,311 The Evening Sun, anti-censor board. 1277 01:00:15,378 --> 01:00:17,046 The Morning Sun, pro-censor. 1278 01:00:17,113 --> 01:00:19,649 The Baltimore News was against censorship. 1279 01:00:19,716 --> 01:00:21,884 Some of the critics were for censorship. 1280 01:00:21,951 --> 01:00:23,386 Even some of the exhibitors. 1281 01:00:23,453 --> 01:00:27,023 If you look in the newspapers, at the letters to the editor, 1282 01:00:27,090 --> 01:00:31,794 you will find every possible variation on the spectrum, 1283 01:00:31,861 --> 01:00:33,896 from hated the censor board, 1284 01:00:33,963 --> 01:00:35,632 thought they were a bunch of idiots, 1285 01:00:35,698 --> 01:00:37,567 they didn't deserve to be censors, 1286 01:00:37,634 --> 01:00:41,638 to we don't need any censorship, everything is okay, 1287 01:00:41,704 --> 01:00:43,239 put everything out there on the table. 1288 01:00:43,306 --> 01:00:46,643 So you found the entire gamut of things. 1289 01:00:46,709 --> 01:00:49,979 (bright piano music) 1290 01:00:55,785 --> 01:00:57,387 - [Felix] It was against this background 1291 01:00:57,453 --> 01:01:01,124 that Mr. Freedman decided in the fall of 1962 1292 01:01:01,190 --> 01:01:02,925 to test directly the authority 1293 01:01:02,992 --> 01:01:05,428 of the Maryland Motion Picture Censor Board. 1294 01:01:06,929 --> 01:01:08,498 - [Thomas] Commissioner Freedman has, 1295 01:01:08,564 --> 01:01:13,936 his attorney has urged that he should be able to show a film 1296 01:01:14,637 --> 01:01:16,839 without any type of license, 1297 01:01:16,906 --> 01:01:19,409 without submitting it for censorship. 1298 01:01:19,475 --> 01:01:24,881 - Okay, in the 1960s, I think this was the beginning 1299 01:01:25,815 --> 01:01:27,950 of the death of the Maryland censor board. 1300 01:01:28,017 --> 01:01:29,285 And exhibitor named Ronald Freedman, 1301 01:01:29,352 --> 01:01:32,622 he was running the Rex Theater at this time. 1302 01:01:32,689 --> 01:01:33,956 - [Ronald] We had to run our theater, 1303 01:01:34,023 --> 01:01:37,126 we had to get pictures through. 1304 01:01:37,193 --> 01:01:38,861 The censor board would eliminate 1305 01:01:38,928 --> 01:01:43,499 certain scenes in a picture which they didn't like. 1306 01:01:43,566 --> 01:01:47,837 So what we did was, we submitted the picture 1307 01:01:47,904 --> 01:01:49,639 to the censor board. 1308 01:01:49,706 --> 01:01:53,342 In advance, we took out scenes they probably wouldn't like, 1309 01:01:53,409 --> 01:01:58,548 and then showed the picture with the scenes back in again. 1310 01:01:59,282 --> 01:02:00,883 softcore sex scenes, you know, 1311 01:02:00,950 --> 01:02:03,686 scenes by today's standards would be nothing 1312 01:02:03,753 --> 01:02:06,089 but in those days the censor board 1313 01:02:06,155 --> 01:02:07,924 would stop everything and anything. 1314 01:02:07,990 --> 01:02:11,761 - My father became a First Amendment crusader 1315 01:02:11,828 --> 01:02:13,229 by the opportunities of history. 1316 01:02:13,296 --> 01:02:15,898 He started out more into the history of film, 1317 01:02:15,965 --> 01:02:19,268 wanted to promote classic films, film societies. 1318 01:02:19,335 --> 01:02:21,471 When the softcore films came in, 1319 01:02:21,537 --> 01:02:23,139 that's where the money was, 1320 01:02:23,206 --> 01:02:24,474 and he went in that direction. 1321 01:02:24,540 --> 01:02:27,844 And he wanted to keep, as the screen became 1322 01:02:27,910 --> 01:02:30,379 more and more explicit as the years went by, 1323 01:02:30,446 --> 01:02:32,248 he wanted to stay with that and be where the money was. 1324 01:02:32,315 --> 01:02:34,250 - Well you're talking about the Rex Theater, 1325 01:02:34,317 --> 01:02:36,352 which was hugely important to me. 1326 01:02:36,419 --> 01:02:38,554 When I was a kid I saw The Wizard of Oz there. 1327 01:02:38,621 --> 01:02:41,357 First it was a neighborhood theater, right? 1328 01:02:41,424 --> 01:02:44,794 But as they all die, as we know, they become porn theaters 1329 01:02:44,861 --> 01:02:46,529 and then churches. 1330 01:02:46,596 --> 01:02:47,897 Well this was way before porn. 1331 01:02:47,964 --> 01:02:49,932 But the Rex was the best. 1332 01:02:49,999 --> 01:02:51,901 I mean, they had every condemned movie 1333 01:02:51,968 --> 01:02:54,036 that the nuns told us we'd go to hell to see if 1334 01:02:54,103 --> 01:02:56,572 they read to me every Sunday at Sunday school. 1335 01:02:56,639 --> 01:02:58,040 I was a kid then, you know. 1336 01:02:58,107 --> 01:03:00,309 But I used to read about it, and I knew about his fights 1337 01:03:00,376 --> 01:03:01,744 with the censor board and everything. 1338 01:03:01,811 --> 01:03:03,546 So he was my idol. 1339 01:03:03,613 --> 01:03:06,516 I used to cut out all the ads and keep them in a scrapbook 1340 01:03:06,582 --> 01:03:09,418 and pretend that I owned the Rex as a child 1341 01:03:09,485 --> 01:03:10,853 and imagine the hell 1342 01:03:10,920 --> 01:03:12,722 it would cause my community and everything. 1343 01:03:12,789 --> 01:03:13,923 We would go see everything. 1344 01:03:13,990 --> 01:03:15,625 We would see every nudist camp movie. 1345 01:03:15,691 --> 01:03:18,728 This is when we were teenagers, high on pot and acid. 1346 01:03:18,795 --> 01:03:22,431 We would go see the most ludicrous exploitation movies. 1347 01:03:22,498 --> 01:03:23,666 But I saw them all. 1348 01:03:23,733 --> 01:03:25,468 They were real training for me. 1349 01:03:25,535 --> 01:03:28,204 - [Laura] One day, Freedman saw an advertisement 1350 01:03:28,271 --> 01:03:31,274 for a film called The Immoral Mr. Teas 1351 01:03:31,340 --> 01:03:34,477 that was showing at a nearby Washington, D.C., theater 1352 01:03:34,544 --> 01:03:37,914 and raking in lots of crowds and lots of money. 1353 01:03:37,980 --> 01:03:39,382 And he began to think, 1354 01:03:39,448 --> 01:03:41,551 hmm, how come I can't show that movie? 1355 01:03:41,617 --> 01:03:43,252 Well, the answer is he couldn't show it 1356 01:03:43,319 --> 01:03:46,189 because it wouldn't be passed by the Maryland censor board. 1357 01:03:46,255 --> 01:03:50,092 And that's when he began to think that maybe the censorship 1358 01:03:50,159 --> 01:03:52,562 that his theater was living under was something 1359 01:03:52,628 --> 01:03:54,630 that needed to be questioned. 1360 01:03:54,697 --> 01:03:57,300 - He decided to make a test case 1361 01:03:57,366 --> 01:04:00,736 of this movie Revenge at Daybreak, 1362 01:04:00,803 --> 01:04:02,505 which wasn't a controversial movie, 1363 01:04:02,572 --> 01:04:04,073 but he just said he was gonna show it 1364 01:04:04,140 --> 01:04:06,275 without the seal of the censors. 1365 01:04:06,342 --> 01:04:09,212 - [Laura] When Freedman began to show Revenge at Daybreak 1366 01:04:09,278 --> 01:04:11,080 without having bothered to take it through 1367 01:04:11,147 --> 01:04:13,049 the Maryland board of censors, 1368 01:04:13,115 --> 01:04:14,450 he knew he would get caught. 1369 01:04:14,517 --> 01:04:16,819 In fact, he wanted to get caught. 1370 01:04:16,886 --> 01:04:19,322 This is standard procedure for people 1371 01:04:19,388 --> 01:04:21,190 who are trying to buck a system 1372 01:04:21,257 --> 01:04:23,759 or people who are trying to make a legal case. 1373 01:04:23,826 --> 01:04:25,895 He wanted to be a test case 1374 01:04:25,962 --> 01:04:27,763 and this was the movie that he chose. 1375 01:04:27,830 --> 01:04:32,869 It was a 10-year-old French film about the Irish Rebellion. 1376 01:04:32,935 --> 01:04:35,638 It was completely unobjectionable. 1377 01:04:35,705 --> 01:04:40,476 It had nothing in it that any censor board would object to. 1378 01:04:40,543 --> 01:04:42,879 And I think that's one of the reasons perhaps 1379 01:04:42,945 --> 01:04:45,848 that it was chosen by Ronald Freedman 1380 01:04:45,915 --> 01:04:48,417 as something that he would intentionally 1381 01:04:48,484 --> 01:04:50,419 not submit to the Maryland board 1382 01:04:50,486 --> 01:04:53,923 as a test of Maryland's censorship statute. 1383 01:04:53,990 --> 01:04:55,858 So when he started showing the film, 1384 01:04:55,925 --> 01:04:58,127 he called the censor board and said this is what I'm doing, 1385 01:04:58,194 --> 01:05:00,863 come and get me, come and arrest me. 1386 01:05:00,930 --> 01:05:02,465 And that's exactly what they did. 1387 01:05:02,531 --> 01:05:06,302 When he was arrested and led away from the theater, 1388 01:05:06,369 --> 01:05:07,837 purportedly in handcuffs, 1389 01:05:07,904 --> 01:05:13,309 he instructed his theater manager to re-sign the marquee 1390 01:05:14,210 --> 01:05:17,480 to say Fight for Freedom of the Screen. 1391 01:05:18,414 --> 01:05:20,583 Freedman of course got his day in court 1392 01:05:20,650 --> 01:05:26,055 and lost at the two rounds in the Maryland state courts, 1393 01:05:26,756 --> 01:05:28,658 and then petitioned for hearing 1394 01:05:28,724 --> 01:05:30,326 before the U.S. Supreme Court. 1395 01:05:30,393 --> 01:05:33,629 And the Court agreed to hear the case in 1965. 1396 01:05:33,696 --> 01:05:35,531 - [Felix] The appellant Ronald Freeman is a lessee 1397 01:05:35,598 --> 01:05:39,435 of a motion picture theater located in Baltimore. 1398 01:05:39,502 --> 01:05:43,306 He is on principal unsympathetic to the idea of censorship. 1399 01:05:43,372 --> 01:05:46,108 And I may add, he's had a series of disputes with the board 1400 01:05:46,175 --> 01:05:49,178 in which he's always come out on top. 1401 01:05:50,146 --> 01:05:53,482 He's always disputed the discretionary authority 1402 01:05:53,549 --> 01:05:54,650 of the board. 1403 01:05:54,717 --> 01:05:57,420 - [Laura] What Freedman and the other anti-censorites wanted 1404 01:05:57,486 --> 01:06:00,289 was to get the Supreme Court to finally put teeth 1405 01:06:00,356 --> 01:06:04,493 into its 1952 pronouncement in Burstyn vs. Wilson 1406 01:06:04,560 --> 01:06:07,496 that the censors had to bear the heavy burden 1407 01:06:07,563 --> 01:06:10,666 of proving that a film was too dangerous to be seen. 1408 01:06:10,733 --> 01:06:14,036 And that's just what the Court now ordered. 1409 01:06:14,103 --> 01:06:17,139 That's a major shift from what had gone on 1410 01:06:17,206 --> 01:06:20,276 in censorship before, that kind of prior restraint 1411 01:06:20,343 --> 01:06:22,078 that kept movies from being seen. 1412 01:06:22,144 --> 01:06:24,580 The Freedman case was very closely watched 1413 01:06:24,647 --> 01:06:25,648 by anti-censorites. 1414 01:06:25,715 --> 01:06:29,485 It was a major change in the way film censorship 1415 01:06:29,552 --> 01:06:31,487 was going to occur in the United States. 1416 01:06:31,554 --> 01:06:36,092 And Maryland's attorney general Thomas J. Finan called it-- 1417 01:06:36,158 --> 01:06:38,694 - [Finan] The Armageddon of censorship. 1418 01:06:38,761 --> 01:06:44,133 Because it is obvious what Freedman has done in this case. 1419 01:06:45,101 --> 01:06:47,136 - [Laura] And that may sound like hyperbole, 1420 01:06:47,203 --> 01:06:49,805 but actually, in hindsight, he was correct. 1421 01:06:49,872 --> 01:06:52,975 The great irony of all of this is that the one state 1422 01:06:53,042 --> 01:06:57,880 that did rewrite its law in order to conform was Maryland. 1423 01:06:57,947 --> 01:07:00,583 And they did it in just three days. 1424 01:07:00,649 --> 01:07:03,352 They wrote it so well that it withstood 1425 01:07:03,419 --> 01:07:07,623 any constitutional scrutiny for 15 more years. 1426 01:07:07,690 --> 01:07:10,393 - [Freedman] We were momentarily jubilant 1427 01:07:11,560 --> 01:07:15,264 in that for a moment or so this censor board had gone. 1428 01:07:15,331 --> 01:07:20,102 Today I still believe in what I did, 1429 01:07:20,169 --> 01:07:22,304 I still believe in freedom of speech. 1430 01:07:22,371 --> 01:07:24,240 - Freedman vs. Maryland for my father 1431 01:07:24,306 --> 01:07:26,042 was ultimately a pyrrhic victory. 1432 01:07:26,108 --> 01:07:28,044 He always used to say that this one thing 1433 01:07:28,110 --> 01:07:29,445 that he was most well-known for, 1434 01:07:29,512 --> 01:07:30,813 it never really worked out for him 1435 01:07:30,880 --> 01:07:33,582 because although it freed states and exhibitors 1436 01:07:33,649 --> 01:07:36,652 across the nation, my father was hamstrung. 1437 01:07:36,719 --> 01:07:40,589 He was never able to profit from his struggles, so to say. 1438 01:07:40,656 --> 01:07:43,125 (sighs) 1439 01:07:43,192 --> 01:07:45,061 - I didn't have to take any of my early films 1440 01:07:45,127 --> 01:07:46,462 to the censor board. 1441 01:07:46,529 --> 01:07:48,964 Well, I purposely showed them in churches and universities 1442 01:07:49,031 --> 01:07:50,099 for many reasons. 1443 01:07:50,166 --> 01:07:51,467 Theaters wouldn't have played them then. 1444 01:07:51,534 --> 01:07:54,503 And at the same time, yes, I did think, 1445 01:07:54,570 --> 01:07:56,238 never thought that they would bust a church, 1446 01:07:56,305 --> 01:07:57,440 and I was correct. 1447 01:07:57,506 --> 01:07:58,641 Only thing was, if they saw the movie, 1448 01:07:58,707 --> 01:08:00,242 they would try to bust the church. 1449 01:08:00,309 --> 01:08:01,811 They just didn't imagine that the church 1450 01:08:01,877 --> 01:08:03,446 would have ever screened a movie like that. 1451 01:08:03,512 --> 01:08:05,281 That was the issue, I think. 1452 01:08:05,347 --> 01:08:07,683 Pink Flamingos opened at University of Baltimore. 1453 01:08:07,750 --> 01:08:09,418 It played everything, everything. 1454 01:08:09,485 --> 01:08:10,619 Huge write-ups and everything, 1455 01:08:10,686 --> 01:08:13,089 they didn't do anything about it, until it was, 1456 01:08:13,155 --> 01:08:16,592 then two years later it opened in New York at the Elgin, 1457 01:08:16,659 --> 01:08:19,328 and then it went to theaters, real theaters, right? 1458 01:08:19,395 --> 01:08:20,396 And it played at the Charles. 1459 01:08:20,463 --> 01:08:22,131 And then they had to screen it. 1460 01:08:22,198 --> 01:08:23,599 And then they cut, as far as I remember, 1461 01:08:23,666 --> 01:08:28,838 they cut the blow job and the chicken fuck, I think, 1462 01:08:29,738 --> 01:08:31,507 and also maybe the artificial insemination, 1463 01:08:31,574 --> 01:08:33,742 but left in the eating dog shit, 'cause she said, 1464 01:08:33,809 --> 01:08:35,678 "I shoulda cut that dog doodie, I shoulda, I shoulda." 1465 01:08:35,744 --> 01:08:38,948 ♪ How much is that doggie in the window ♪ 1466 01:08:39,014 --> 01:08:40,316 (dog barks) 1467 01:08:40,382 --> 01:08:43,018 ♪ I do hope that doggie-- 1468 01:08:43,085 --> 01:08:46,388 (audio distorts) 1469 01:08:46,455 --> 01:08:47,890 I remember the projectionist 1470 01:08:47,957 --> 01:08:50,960 who seemed like a character out of one of my movies. 1471 01:08:51,026 --> 01:08:53,496 'Cause he got to look at every dirty movie that ever came. 1472 01:08:53,562 --> 01:08:55,931 I sat right there while she was watching the movie. 1473 01:08:55,998 --> 01:08:58,501 And she would yell "rear entry" and that kind of stuff. 1474 01:08:58,567 --> 01:09:01,270 And she was yelling rear entry about other movies, 1475 01:09:01,337 --> 01:09:02,872 it wasn't just mine, there was three playing. 1476 01:09:02,938 --> 01:09:03,973 So I was shocked at that. 1477 01:09:04,039 --> 01:09:05,608 There was no dialogue. 1478 01:09:05,674 --> 01:09:08,377 So how could she say "judged as a whole," 1479 01:09:08,444 --> 01:09:09,578 which the censors would, 1480 01:09:09,645 --> 01:09:10,913 'cause she didn't know what they were about. 1481 01:09:10,980 --> 01:09:12,214 She didn't listen to dialogue. 1482 01:09:12,281 --> 01:09:15,217 Female Trouble, I went in with that movie. 1483 01:09:15,284 --> 01:09:16,886 And she was waiting for me, 1484 01:09:16,952 --> 01:09:19,355 because we had had Pink Flamingos, which was a nightmare. 1485 01:09:19,421 --> 01:09:20,756 (burlesque music) 1486 01:09:20,823 --> 01:09:23,092 And a perfect print I'd just spent my last penny on, 1487 01:09:23,159 --> 01:09:25,127 and she looked at it and she said, 1488 01:09:25,194 --> 01:09:26,362 "You can't have this vaginy," 1489 01:09:26,428 --> 01:09:28,197 and I said, "Well, that's a man. 1490 01:09:28,264 --> 01:09:29,064 "That's Divine. 1491 01:09:29,131 --> 01:09:30,466 "That's not a vagina. 1492 01:09:30,533 --> 01:09:32,701 "It's a cheater if you'd like to know the real term for it." 1493 01:09:32,768 --> 01:09:34,336 And she said, "Don't tell me about sex, 1494 01:09:34,403 --> 01:09:35,704 "I was married to an Italian." 1495 01:09:35,771 --> 01:09:37,673 I stole her line and used it later. 1496 01:09:37,740 --> 01:09:39,775 - These are isolated incidents. 1497 01:09:39,842 --> 01:09:41,377 - No, they're not. 1498 01:09:41,443 --> 01:09:44,880 Look, I'm not a prude, I'm married to an Italian. 1499 01:09:44,947 --> 01:09:46,749 But I am disgusted. 1500 01:09:46,815 --> 01:09:48,717 - Then she handed me a pair of scissors, 1501 01:09:48,784 --> 01:09:52,221 and I had to cut and ruin a big job of splicing 1502 01:09:52,288 --> 01:09:54,857 in my brand new 35-millimeter print 1503 01:09:54,924 --> 01:09:57,626 that was a huge expense for me at the time, right? 1504 01:09:57,693 --> 01:09:59,495 And cut it in front of her, 1505 01:09:59,562 --> 01:10:03,399 and she gave me this ridiculous seal, which I have. 1506 01:10:04,600 --> 01:10:09,805 ♪ Maybe I'm twisted 1507 01:10:10,406 --> 01:10:15,411 ♪ Female trouble 1508 01:10:16,612 --> 01:10:19,048 ♪ They say I'm insane 1509 01:10:19,114 --> 01:10:21,817 ♪ But I don't care 1510 01:10:21,884 --> 01:10:27,289 ♪ Go ahead, put me in your electric chair ♪ 1511 01:10:28,591 --> 01:10:32,394 - They have a new anti-pornography law in Baltimore, 1512 01:10:32,461 --> 01:10:37,633 and it classifies bare bottoms as pornography. 1513 01:10:38,834 --> 01:10:39,735 The bare buttocks, that's what they're called, right? 1514 01:10:39,802 --> 01:10:40,736 - [Ed] Yes. 1515 01:10:40,803 --> 01:10:43,105 - That's considered obscene or pornographic. 1516 01:10:43,172 --> 01:10:45,507 And they took Playboy magazine, 1517 01:10:45,574 --> 01:10:46,942 and a lot of people are uptight, 1518 01:10:47,009 --> 01:10:48,744 they are saying that even outdoor advertisements, 1519 01:10:48,811 --> 01:10:51,347 you've seen those ads, the infants ads? 1520 01:10:51,413 --> 01:10:52,214 - [Ed] Sure, sunburn ads? 1521 01:10:52,281 --> 01:10:53,349 - Yes. 1522 01:10:53,415 --> 01:10:54,283 That is now-- 1523 01:10:54,350 --> 01:10:55,451 - [Ed] Taboo? 1524 01:10:55,517 --> 01:10:56,885 - The chief of police is running around 1525 01:10:56,952 --> 01:10:58,287 putting raincoats up over the (obscured by laughter). 1526 01:10:59,421 --> 01:11:00,623 You gonna get 90 days for showing baby pictures 1527 01:11:00,689 --> 01:11:02,458 in the office, do you realize that? 1528 01:11:02,524 --> 01:11:03,425 Do you think that's going a little far? 1529 01:11:03,492 --> 01:11:04,793 - [Ed] Yes, that's too far. 1530 01:11:04,860 --> 01:11:08,030 - You know, the double X and triple X hardcore movies 1531 01:11:08,097 --> 01:11:13,502 started coming in, maybe '72, '73, '74, about that time. 1532 01:11:14,203 --> 01:11:15,137 There was a market for them. 1533 01:11:15,204 --> 01:11:19,675 People were reacting to decades of suppression. 1534 01:11:19,742 --> 01:11:22,411 - [Announcer] Across the country, movie theaters today 1535 01:11:22,478 --> 01:11:25,281 are playing softcore and hardcore pornography 1536 01:11:25,347 --> 01:11:28,083 to virtually standing room only audiences. 1537 01:11:28,150 --> 01:11:29,551 (jazzy music) 1538 01:11:29,618 --> 01:11:31,754 Theater marquees everywhere are graphic proof 1539 01:11:31,820 --> 01:11:34,990 of the variety of sexual subject matter. 1540 01:11:35,057 --> 01:11:38,060 ♪ It's such a shame 1541 01:11:38,127 --> 01:11:41,430 ♪ She's not to blame 1542 01:11:46,502 --> 01:11:48,404 (sporty music) 1543 01:11:48,470 --> 01:11:50,072 - One, two, three, four, 1544 01:11:50,139 --> 01:11:52,308 We're gonna make them (obscured by music) 1545 01:11:52,374 --> 01:11:54,343 Five, six, seven, eight, 1546 01:11:54,410 --> 01:11:56,445 We're gonna make them say we're great! 1547 01:11:56,512 --> 01:11:58,914 (cheering) 1548 01:12:05,921 --> 01:12:08,357 - So can you imagine how much porn 1549 01:12:08,424 --> 01:12:10,459 Mary Avara must have had to sit through 1550 01:12:10,526 --> 01:12:13,462 in the last 10 years of her job? 1551 01:12:13,529 --> 01:12:17,499 You know, she may have thought it was porn, 1552 01:12:17,566 --> 01:12:22,771 but it was very softcore from what's available today. 1553 01:12:23,939 --> 01:12:26,675 So I'm not sure how much she suffered, 1554 01:12:26,742 --> 01:12:30,145 but if I had to guess, I would guess that occasionally 1555 01:12:30,212 --> 01:12:31,447 she was titillated. 1556 01:12:31,513 --> 01:12:34,416 (intense music) 1557 01:12:40,756 --> 01:12:42,391 - Your Sickness, we have captured the Earth people 1558 01:12:42,458 --> 01:12:44,326 and await your command. 1559 01:12:44,393 --> 01:12:46,528 - The Earth people, eh? 1560 01:12:49,131 --> 01:12:52,067 Bring them to me at once. 1561 01:12:52,134 --> 01:12:53,569 (indistinct shouting) 1562 01:12:53,635 --> 01:12:57,439 - Probably read like a chapter out of Dante's Inferno. 1563 01:12:58,607 --> 01:13:00,509 Like all of a sudden, you talk about these things 1564 01:13:00,576 --> 01:13:03,746 and they're actually there in front of you. 1565 01:13:04,780 --> 01:13:06,215 It must've been hell for her. 1566 01:13:06,281 --> 01:13:08,751 - [Robert] One of the, the classic case I guess 1567 01:13:08,817 --> 01:13:10,886 is the Deep Throat case. 1568 01:13:10,953 --> 01:13:15,624 That was playing at the theater on North Avenue. 1569 01:13:15,691 --> 01:13:17,826 - I would imagine that the Maryland censor board 1570 01:13:17,893 --> 01:13:22,030 with a film like Deep Throat was thinking 1571 01:13:22,097 --> 01:13:24,066 we don't need anything more than this film 1572 01:13:24,133 --> 01:13:27,736 to show the judges because of what the movie was about 1573 01:13:27,803 --> 01:13:31,874 and because it was as extreme as it was. 1574 01:13:31,940 --> 01:13:33,041 And it worked. 1575 01:13:33,108 --> 01:13:37,346 - [Robert] The censor board kept saying you can't show this. 1576 01:13:37,413 --> 01:13:38,614 They kept showing it. 1577 01:13:38,680 --> 01:13:41,417 Police would come and confiscate the film, 1578 01:13:41,483 --> 01:13:43,952 and I guess as police were leaving, 1579 01:13:44,019 --> 01:13:46,755 they would have another copy of the same film 1580 01:13:46,822 --> 01:13:48,123 and keep showing it. 1581 01:13:48,190 --> 01:13:50,125 I don't know how many times they went through this. 1582 01:13:50,192 --> 01:13:51,126 - I had seen Deep Throat, 1583 01:13:51,193 --> 01:13:54,463 but I went out of a moral support for it 1584 01:13:54,530 --> 01:13:55,864 and paid to see it. 1585 01:13:55,931 --> 01:13:59,968 Before that, there was a gay hardcore porn theater, 1586 01:14:00,035 --> 01:14:03,405 and they showed hardcore gay films, 1587 01:14:03,472 --> 01:14:05,507 which she of course went insane about, 1588 01:14:05,574 --> 01:14:06,842 shot them down. 1589 01:14:06,909 --> 01:14:08,210 She should've gone to the theater then, 1590 01:14:08,277 --> 01:14:10,379 'cause there was some hardcore sex in the theater 1591 01:14:10,446 --> 01:14:11,613 and on the screen. 1592 01:14:11,680 --> 01:14:14,149 But I think she busted those. 1593 01:14:14,216 --> 01:14:17,519 But her thing was way before hardcore. 1594 01:14:17,586 --> 01:14:19,521 I mean, of course she busted hardcore. 1595 01:14:19,588 --> 01:14:21,757 But by the time that was out was her last days. 1596 01:14:21,824 --> 01:14:24,193 I mean, you know, she lost. 1597 01:14:24,259 --> 01:14:27,496 (bright funky music) 1598 01:14:28,630 --> 01:14:30,999 - Maryland has the only movie censorship board 1599 01:14:31,066 --> 01:14:34,536 left in America, and no film can be shown in the state 1600 01:14:34,603 --> 01:14:35,971 without its approval. 1601 01:14:36,038 --> 01:14:39,341 It refused to approve a movie called I Am Curious-Yellow, 1602 01:14:39,408 --> 01:14:43,178 not because it's one of the most boring movies ever made, 1603 01:14:43,245 --> 01:14:46,114 but because the censors found it pornographic. 1604 01:14:46,181 --> 01:14:49,685 Today, the Supreme Court let the board's ruling stand. 1605 01:14:49,751 --> 01:14:52,287 The members are three middle-aged ladies 1606 01:14:52,354 --> 01:14:54,022 who look at movies all day. 1607 01:14:54,089 --> 01:14:56,458 And they have no power to censor a film 1608 01:14:56,525 --> 01:14:59,328 of savagery, bloodshed, or brutality, 1609 01:14:59,394 --> 01:15:01,230 no power to censor any words. 1610 01:15:01,296 --> 01:15:05,267 They can only censor pictures they find pornographic. 1611 01:15:05,334 --> 01:15:07,970 (tinny music) 1612 01:15:08,036 --> 01:15:09,771 - I look at these films and see all the sex 1613 01:15:09,838 --> 01:15:11,874 and the way it's being performed today, 1614 01:15:11,940 --> 01:15:14,710 and they can tell me that that doesn't arouse them. 1615 01:15:14,776 --> 01:15:17,279 As I repeat before, they ought to go see a doctor. 1616 01:15:17,346 --> 01:15:18,447 Something's wrong with them. 1617 01:15:18,514 --> 01:15:21,783 Because the type of sex that's being portrayed today 1618 01:15:21,850 --> 01:15:24,453 on the screen is absolutely sickening. 1619 01:15:24,520 --> 01:15:26,321 And it does incite crime. 1620 01:15:26,388 --> 01:15:27,589 Definitely so. 1621 01:15:27,656 --> 01:15:29,725 - As far as I know we could not do anything 1622 01:15:29,791 --> 01:15:31,426 about violence legally. 1623 01:15:31,493 --> 01:15:34,229 I saw a great deal of violence. 1624 01:15:34,296 --> 01:15:37,733 Violence according to my interpretation of violence, 1625 01:15:37,799 --> 01:15:39,668 which may be very different 1626 01:15:39,735 --> 01:15:42,371 from someone else's interpretation of violence, 1627 01:15:42,437 --> 01:15:46,174 but it was not in our purview to do anything about violence. 1628 01:15:46,241 --> 01:15:49,811 - I felt like there would be bills introduced 1629 01:15:49,878 --> 01:15:52,648 concerning violence, drugs, and dialogue 1630 01:15:52,714 --> 01:15:56,752 because the public has called in reference 1631 01:15:56,818 --> 01:15:59,521 to those three, plus the sex, 1632 01:15:59,588 --> 01:16:02,057 and there isn't one bill in legislature 1633 01:16:02,124 --> 01:16:04,059 concerning any three of these. 1634 01:16:05,227 --> 01:16:07,129 - [Reporter] Now your censor board concerns only with sex, 1635 01:16:07,195 --> 01:16:08,196 is that correct? 1636 01:16:08,263 --> 01:16:09,197 - That's right. 1637 01:16:09,264 --> 01:16:11,333 And we don't have much to work with, 1638 01:16:11,400 --> 01:16:13,669 but I feel like if they don't give me any teeth, 1639 01:16:13,735 --> 01:16:15,037 they should abolish the board. 1640 01:16:15,103 --> 01:16:19,675 But I am absolutely not worried one bit, nothing whatsoever. 1641 01:16:19,741 --> 01:16:21,810 - As far as Maryland was concerned 1642 01:16:21,877 --> 01:16:25,113 with our Motion Picture Censor Board, 1643 01:16:25,180 --> 01:16:28,550 it was almost a game in Annapolis. 1644 01:16:28,617 --> 01:16:31,954 Those of us who were against censorship knew it was absurd. 1645 01:16:32,020 --> 01:16:34,222 - [Laura] The only thing that keeps this board going 1646 01:16:34,289 --> 01:16:35,891 is pure politics. 1647 01:16:35,958 --> 01:16:38,527 The politics of Baltimore city. 1648 01:16:38,594 --> 01:16:42,197 Votes to abolish the board were apparently very close 1649 01:16:42,264 --> 01:16:45,901 in the late 1970s, and it seems that the compromise 1650 01:16:45,968 --> 01:16:47,936 was to just leave it alone. 1651 01:16:48,003 --> 01:16:49,871 - [Julian] Part of it was I think a game, 1652 01:16:49,938 --> 01:16:54,776 and even though we knew it wasn't the greatest thing 1653 01:16:54,843 --> 01:16:56,979 to have Maryland, the Free State, 1654 01:16:57,045 --> 01:17:01,683 recognized as the only state that still had a censor board. 1655 01:17:01,750 --> 01:17:03,151 So there was certainly an anachronism there. 1656 01:17:03,218 --> 01:17:06,488 - I believe that we should have a strong obscenity statute 1657 01:17:06,555 --> 01:17:09,858 which is enforced by law enforcement authorities, 1658 01:17:09,925 --> 01:17:12,694 not by a bunch of quasi-vigilantes 1659 01:17:12,761 --> 01:17:14,129 who are paid to watch dirty movies. 1660 01:17:14,196 --> 01:17:15,797 We're the only state in the United States 1661 01:17:15,864 --> 01:17:17,132 that has a censor board. 1662 01:17:17,199 --> 01:17:20,002 I believe it's a political boondoggle. 1663 01:17:20,068 --> 01:17:23,138 It serves no useful purpose, and it ought to be abolished. 1664 01:17:23,205 --> 01:17:25,040 - The bill that passed the Senate last night 1665 01:17:25,107 --> 01:17:28,610 does not alter the budget of $69,000 earmarked for 1666 01:17:28,677 --> 01:17:30,278 the Maryland censor board. 1667 01:17:30,345 --> 01:17:32,080 That measure now goes on to the House, 1668 01:17:32,147 --> 01:17:35,050 though sources say that its future is in some jeopardy. 1669 01:17:35,117 --> 01:17:38,120 I'm Bryce Wick reporting for News Watch Two. 1670 01:17:38,186 --> 01:17:41,657 - Maryland was the last state to have a censor board. 1671 01:17:41,723 --> 01:17:45,227 And that was the time when I came to the Maryland Senate. 1672 01:17:45,293 --> 01:17:49,865 I actually pre-filed a bill in 1977, my first year there. 1673 01:17:49,931 --> 01:17:51,133 And so on the first day of the session, 1674 01:17:51,199 --> 01:17:54,703 the bill was introduced, Senate Bill 333. 1675 01:17:54,770 --> 01:17:57,806 And after several years, what happened was 1676 01:17:57,873 --> 01:17:59,608 that under the Sunset Provisions, 1677 01:17:59,675 --> 01:18:03,578 which we have in place to reevaluate programs periodically 1678 01:18:03,645 --> 01:18:06,214 to make sure that you don't have programs in perpetuity, 1679 01:18:06,281 --> 01:18:08,750 they had to come back to the legislature 1680 01:18:08,817 --> 01:18:10,619 and to justify their existence. 1681 01:18:10,686 --> 01:18:12,821 How could they justify their existence? 1682 01:18:12,888 --> 01:18:14,656 Number of movies seen? 1683 01:18:14,723 --> 01:18:16,458 Number of movies censored? 1684 01:18:16,525 --> 01:18:18,393 The quality of Maryland morals 1685 01:18:18,460 --> 01:18:22,230 as compared to any other city or state in the country? 1686 01:18:22,297 --> 01:18:24,566 So they couldn't justify their existence. 1687 01:18:24,633 --> 01:18:28,370 Eventually I think by raising the issue year after year 1688 01:18:28,437 --> 01:18:30,505 and having these hearings one after another, 1689 01:18:30,572 --> 01:18:32,908 the people came to see that the censor board 1690 01:18:32,974 --> 01:18:34,910 was a ludicrous institution. 1691 01:18:34,976 --> 01:18:38,346 - [Julian] One thing that perhaps continued it, 1692 01:18:38,413 --> 01:18:42,117 Jack Valenti had had a wonderful building 1693 01:18:42,184 --> 01:18:44,453 in downtown Washington and would invite the committee 1694 01:18:44,519 --> 01:18:48,457 and members to see not films that needed censorship, 1695 01:18:48,523 --> 01:18:50,459 like Goldfinger, he would always come out 1696 01:18:50,525 --> 01:18:53,995 with cocktails and dinner and a private screening. 1697 01:18:54,062 --> 01:18:56,832 And it was just really fun to be invited once a year 1698 01:18:56,898 --> 01:18:58,967 for this lavish do. 1699 01:18:59,034 --> 01:19:01,002 So that may have been one of the reasons why 1700 01:19:01,069 --> 01:19:03,638 we continued the censorship board too, 1701 01:19:03,705 --> 01:19:05,273 because we were the only state 1702 01:19:05,340 --> 01:19:08,143 and we were constantly lobbied, 1703 01:19:08,210 --> 01:19:10,912 and that may have prolonged its life as well. 1704 01:19:10,979 --> 01:19:12,114 I really don't know. 1705 01:19:12,180 --> 01:19:14,082 - [Barbara] We knew from the time 1706 01:19:14,149 --> 01:19:16,218 that I took the appointment 1707 01:19:16,284 --> 01:19:19,054 that sunsetting out the censor board 1708 01:19:19,121 --> 01:19:22,457 was what was probably going to happen. 1709 01:19:22,524 --> 01:19:23,592 - The Maryland censor board, 1710 01:19:23,658 --> 01:19:25,927 the last state movie censor board in the nation, 1711 01:19:25,994 --> 01:19:27,329 went out of business today 1712 01:19:27,395 --> 01:19:31,199 after reviewing more than 40,000 films since 1916. 1713 01:19:31,266 --> 01:19:33,769 Its demise was blamed on cultural change 1714 01:19:33,835 --> 01:19:35,437 and diminished political influence. 1715 01:19:35,504 --> 01:19:37,773 One film inspector for the group said, 1716 01:19:37,839 --> 01:19:39,441 "I was in a movie theater just last night 1717 01:19:39,508 --> 01:19:41,610 "and saw a Deep Throat type of movie, 1718 01:19:41,676 --> 01:19:44,279 "but I just couldn't bring myself to make a bust. 1719 01:19:44,346 --> 01:19:46,548 "Who wants to spend the summer in a hot courtroom?" 1720 01:19:46,615 --> 01:19:48,617 - [Julian] That was it, they went out of business. 1721 01:19:48,683 --> 01:19:49,851 (soft piano music) 1722 01:19:49,918 --> 01:19:51,486 I didn't hear any cheering. 1723 01:19:51,553 --> 01:19:54,322 I don't think people really cared by that time. 1724 01:19:54,389 --> 01:19:56,491 It had become irrelevant I think. 1725 01:19:58,026 --> 01:19:59,361 (projector clicks and whirs) 1726 01:19:59,427 --> 01:20:00,896 - [Howard] The lesson of the history of censorship 1727 01:20:00,962 --> 01:20:02,297 is that it doesn't work. 1728 01:20:03,231 --> 01:20:06,868 That you really cannot censor ideas 1729 01:20:06,935 --> 01:20:08,970 and you cannot censor art. 1730 01:20:09,037 --> 01:20:12,641 Art will have a way of expressing itself, 1731 01:20:12,707 --> 01:20:16,778 and if it is striking a responsive chord with people, 1732 01:20:16,845 --> 01:20:19,381 it will be received, and well-received. 1733 01:20:19,447 --> 01:20:21,983 The lasting impression of the censor board 1734 01:20:22,050 --> 01:20:24,886 is that it held Maryland up to ridicule. 1735 01:20:24,953 --> 01:20:28,890 And I think it was a negative mark 1736 01:20:28,957 --> 01:20:30,091 on the state of Maryland, 1737 01:20:30,158 --> 01:20:31,259 which is one of the reasons why 1738 01:20:31,326 --> 01:20:34,596 I thought it was so important to abolish it. 1739 01:20:34,663 --> 01:20:35,797 (film runs out of projector) 1740 01:20:35,864 --> 01:20:38,466 - [Julian] There should be no movie censors in a democracy, 1741 01:20:38,533 --> 01:20:41,937 and in our democracy censorship is not something 1742 01:20:42,003 --> 01:20:43,305 that we should be proud of. 1743 01:20:43,371 --> 01:20:46,241 - [Barbara] I was happy to see it sunsetted out. 1744 01:20:46,308 --> 01:20:49,377 If you look back now, you say, really? 1745 01:20:49,444 --> 01:20:52,881 There really was a state board of censors of movies? 1746 01:20:52,948 --> 01:20:54,783 - [Ross] I felt then and I still feel now 1747 01:20:54,850 --> 01:20:57,185 the censor board was a laughingstock 1748 01:20:57,252 --> 01:20:59,988 and an assault on common sense. 1749 01:21:00,055 --> 01:21:02,057 I believe in freedom of expression 1750 01:21:02,123 --> 01:21:04,426 and a free people should decide 1751 01:21:04,492 --> 01:21:08,163 what standards they seek to apply for themselves 1752 01:21:08,230 --> 01:21:10,098 and their children and their families 1753 01:21:10,165 --> 01:21:13,001 to movies or any other form of artistic endeavor. 1754 01:21:13,068 --> 01:21:14,736 - I don't think censorship should be done 1755 01:21:14,803 --> 01:21:16,504 by the industry or the government. 1756 01:21:16,571 --> 01:21:18,607 Censorship should be done by the public, 1757 01:21:18,673 --> 01:21:20,342 by not going to see it. 1758 01:21:20,408 --> 01:21:22,944 That's the censorship that counts. 1759 01:21:23,011 --> 01:21:25,914 You don't go, and it'll die. 1760 01:21:25,981 --> 01:21:29,351 (upbeat musical chanting) 1761 01:21:29,417 --> 01:21:33,622 ("A No No" by Danielson Famile) 140153

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