Indecent and deviant: Pre-Hays Code films you should see

Daniel P. Hauesser

At the dawn of motion pictures, directors had few restrictions on the subjects they were allowed to film. Raciness in the silent era extends from tranquil bathing scenes featuring naked leading ladies to the intense violence of early Cecil B. DeMille epics, or the exotic, erotic indigene dances found within some remote jungle.

The advent of ‘talkies,’ coupled with a string of sex-and-drug-laden celebrity scandals, made such overt portrayals of indecency appear dangerous to society. Public outcries to ban ‘immoral’ films and preliminary motions by the government to censure motion pictures led studios to voluntarily implement a series of production guidelines outlining what was acceptable to include in a film for the public. These guidelines, known as the Hays Code, were adopted in 1930, but were not vigorously enforced until 1934.

Once Code enforcement began, the question arose of what to do with earlier films that contained ‘indecent’ elements. Many films, such as the Marx Brother’s “Animal Crackers,” were edited to remove risqu‚ moments and their original versions are now lost. Others, such as “The Maltese Falcon” were simply remade (in that case to remove nudity and homosexuality). Luckily, some films have had their edited portions restored, such as “King Kong.” However, many films couldn’t conform to the code because their inherent subject matter was taboo. Banned from public display, these Pre-Code films were often forgotten, despite being excellent movies.

Here is a partial list of some important Pre-Code films that are well-worth seeing:

1) “Little Caesar” (1931) and “The Public Enemy” (1931)

These are the archetypical gangster films. Featured heavily on “The Sopranos”, “Little Caesar” follows the rise and fall of crime boss Rico Bandello (the suspected inspiration for federal RICO statutes). “The Public Enemy,” a film about prohibition-era criminality, is famous for the misogynistic grapefruit-in-the-face scene between Cagney and Mae Clarke. The frank portrayal of the violence and depravity of these gangsters was not possible after Code enforcement.

2) “M„dchen in Uniform” (1931) and “Ecstasy” (1933)

These are two controversial early imports from Europe. The German “M„dchen in Uniform” is an outstanding film that was only released in the U.S. due to efforts by Eleanor Roosevelt. The story is about a young girl that is sent to boarding school and begins a romantic infatuation with one of her teachers. The tense undertones of lesbianism rise to the surface in ways now considered tame, but its positive outlook on lesbian relations made it a strong target of censorship. “Ecstasy” is a Czech film that brought Hedy Lamarr to the attention of U.S. audiences. Even without the extended scene of a naked Lamarr, and the first known shot of a female’s face during orgasm, the movie transgressed the Code with its plot of infidelity.

3) “Freaks” (1932)

One of my favorite films, this cult classic remains controversial today. Frequently referenced in pop-culture, “Freaks” featured a cast of actual circus sideshow performers. One controversial scene shows a kiss between a young man and his fianc‚e, who is a conjoined twin. As she locks lips with her fianc‚, we view the other sister enjoying a flutter of erotic feelings in her ‘own’ body. The horrific, violent ending to “Freaks” is still shocking to modern audiences.

4) “Trouble in Paradise” (1932) and “Bird of Paradise” (1932)

“Trouble in Paradise” is one of the great romantic comedies. Its frank discussion of sexuality was impossible once the Code went into enforcement. “Bird of Paradise” is a romantic adventure about a sailor that falls in love with a Pacific island princess. The film is dated now, particularly in its depiction of ‘uncivilized natives’ and its views on women. The sexuality of the characters and the fact that Dolores del Rio goes through most of the film wearing little beyond a lei make this a prime example of Pre-Code ‘exotic’ adventure films.

5) “Born to be Bad” (1934) and “Dr. Jekyll and Mr. Hyde” (1931)

Both of these films feature prostitutes as main characters, a formula impossible under the Code. The first features a young Cary Grant as a married man who falls for a prostitute/single mother/con artist while he cares for her deviant son. The second is my favorite adaptation of Robert Louis Stevenson’s tale. It features great early special effects, a strong reaction against the conservative Victorian era and symbolizes Dr. Jeykyll’s transformation into darkness in terms of sexual depravity, not just violence.

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