Film is a unique medium with which to exercise artistic expression. Films can be used to capture reality, to create fantasy worlds, or to explore the infinite options in between. They go beyond photography by adding sound and movement. They are able to break the boundaries of theater with special effects, on-location shots, or camera tricks. This medium, especially with developing technology, offers a multitude of possibilities for a filmmaker to make a statement.

The movie industry straddles the space between visual art and entertainment and has situated itself prominently as a relatively inexpensive and convenient leisure activity. Perhaps it is this accessibility that worries those seeking to prevent certain images or messages from being disseminated to the public. Attempts to censor films most often arise over scenes involving sexual activity, nudity, violence, or religiously sensitive statements. Individuals or groups who wish to halt the presentation certain films (or remove certain kinds of content from them) believe that in one way or another, these types of images are inappropriate for audiences. Such censorious activity usually takes place on a private level, with theater managers refusing to screen a film or specialty interest groups protesting and applying pressure on administrators to take action. To these groups, movie ratings giving general guidelines about the age-appropriateness of a film are not sufficient. They believe that the film must not be shown at all or the offensive material must be removed.

Although regarded as a form of entertainment, movies are still a protected form of speech under the First Amendment. A filmmaker has the same right as a painter, writer, or musician to express a message. Removing or editing the film amounts to an inappropriate stifling of protected speech.

Below are several examples of movies that have incited controversy and some resources for more information, including the Motion Picture Association of America’s web page where official information on the U.S.’s voluntary movie rating system can be found. You may also refer to both the youth and violence sections for more information on violence in media.

» Filmmakers, Photographers and Free Speech Advocates Object to Pending New York City Filming/Photography RegulationsThe New York Mayor's Office of Film, Theater and Broadcasting is considering new rules that would require any group of 2 or more people who want to use a camera on city property -- including sidewalks -- for more than a half hour to get a city permit and $1 million in liability insurance.

» NCAC examines film ratings and censorship CAC partnered with the ACLU for a screening of Independent Film Channel's latest release, documentary filmmaker Kirby Dick's This Film is Not Yet Rated.

Related: "A Timeline of Film Censorship"

» Sandi Simcha DuBowski's Trembling Before G-d a documentary delving into the confused and conflicted lives of homosexual Orthodox Jews, draws protest from the Orthodox community while simultaneously receiving support from others in that same community.
Transcript of a Q&A session with DuBowski on the film's web page

» Bullfrog Films v. Wick 847 F.2d 502 (9th Cir. 1988) The Court held certain regulations of the Beirut Agreement, a treaty providing for the free flow of audio-visual work, were unconstitutional by reasons of vagueness, distinguishing on content and possibly viewpoint, and conditioning a benefit on the waiver of a constitutional right.

» Interstate Circuit, Inc. v. Dallas 390 U.S. 676 (1968) The City of Dallas prohibited distribution of Interstate's film, Viva Maria, due to scenes of sexual promiscuity that the city's Motion Picture Classification Board found not suitable for young persons pursuant to a 1965 city ordinance. The Supreme Court found the ordinance unconstitutional for vagueness.

» Freedman v. Maryland 380 U.S. 51 (1965) The Supreme Court held that a Maryland statute requiring films to be submitted to a state board of censors was unconstitutional because it acted as a prior restraint. The Court also laid out three criteria by which a board of censors may constitutionally review films before presentation.

» Joseph Burstyn, Inc. v. Wilson 343 U.S. 495 (1952) The New York State Board of Regents revoked the license on Burstyn's movie, The Miracle, which told the story of a woman impregnated while drunk who believes the pregnancy was an immaculate conception. The Court held the revocation unconstitutional, as the statute providing for licensing operated on prior restraints, which prevents speech from ever reaching the public.

» Martin Scorsese's The Last Temptation of Christ a movie exploring the human aspects of Jesus, created controversy even before it was made because of its non-traditional look at Christ and speculation about his possible fallacies, including day dreaming about having sex with Mary Magdalene.
Article covering the film's background on its fifteenth anniversary

» Volker Schlöndorff's The Tin Drum a film containing a couple sexually suggestive scenes involving a minor, but with a larger artistic and cultural message, is censored in Oklahoma City.
Article criticizing the film's censors' quick judgment of obscenity
Tin Drum Censors Have Tunnel Vision NEWSDAY August 5, 1997
by Joan E. Bertin

» Article describing the incident and a press release about censorship in Oklahoma City National Groups Condemn Oklahoma City Censorship July 16, 1997

» More on Oklahoma City's censorship crusade Censorship News Issue #67: Oh!klahoma City's Censorship Battle Fall 1997

» High school teacher fired for teaching Bertolucci's film, 1900. The NCAC organized a protest, calling national attention to the incident. Ultimately, a court reinstated the teacher.
Censorship News Online Issue # 65: Spring 1997
Court Okays Teaching in Colorado

» Censorship News Online Issue #61: Spring 1996 Bernardo Bertolucci Testifies at Denver Teacher's Hearing

In Cincinnati, Ohio, the owner, manager, and clerk of the Pink Pyramid, a small lesbian and gay bookstore, were arrested on charges of "pandering obscenity" for renting a video of Salò, a film by renowned poet and filmmaker Pier Paolo Pasolini. They faced fines and six-month jail terms. NCAC wrote a letter of protest to the prosecutor and, recruiting the ACLU Arts Censorship Project as its partner, organized and filed a friend-of-the-court brief on behalf of 40 distinguished filmmakers, artists, institutions, and film scholars. The judge dismissed the charges but the prosecutor has appealed. The American Family Association has attacked NCAC and its participating organizations for "supporting pornography." As a result of those charges, the National Council of Churches considered-but decided against-withdrawing from NCAC.

Websites

» PBS's Culture Shock four-part series dealt with the provocative nature of the arts through history.
The third part of the series is entitled "Hollywood Censored: The Production Code" and traces the history of movies and struggles with methods to control their content. » The series' web page's "Flashpoints" section details specific controversies that came about in varies sectors of the art world. Scroll down for stories of movies like Kubrick's Clockwork Orange.

» The Motion Picture Associate of America's (MPAA) Web Page Moving rating information, including a thorough history, can be found here as well as a movie-search function to find ratings for movies and why they deserve the rating they received.

Articles

» Censorship at the Esquire Theatre Just Another Chapter in Cincinnati's History Cincinnati CityBeat
July 28, 2004
by Steve Ramos
An article looking at the private decision to cut a scene from Wayne Wang's film, The Center of the World, before it was shown in theaters as it relates to the wider censorship issues Cincinnati faces as a "conservative" city.

» Letter from National Organizations Opposing Interference of the Kansas State Legislature in Academic Affairs April 18, 2003
A letter protesting an amendment to the 2003/04 Kansas State budget that would eliminate funding for the School of Social Welfare at the University of Kansas, as well as for any academic unit that purchases "obscene" videos for educational purposes. See also: National Organizations Oppose Interference of the Kansas State Legislature in Academic Affairs

» Testimony of Joan E. Bertin, Executive Director, National Coalition Against Censorship before the Task Force on Youth Violence and the Entertainment Industry October 6, 1999

» Pornography Law Goes Too Far Los Angeles Times
October 17, 1997
By Joan E. Bertin
An article looking at challenges to the Child Pornography Prevention Act and opposition to the movie version of Vladimir Nabokov's book Lolita.

Censorship News Online

» Issue #62: Summer 1996 An obscenity trial of the Pink Pyramid Bookstore in Cincinnati for renting a video of Pier Paolo Pasolini's Salò, is scheduled for early August. NCAC together with the ACLU filed a brief signed by 60 prominent film critics, artists, and museums -- including Martin Scorsese, Alec Baldwin, and the Museum of Modern Art -- unsuccessfully arguing that an obscenity prosecution is unconstitutional because of Salò's artistic, literary and political value.

» Issue #63: Fall 1996 Salò Returns to Cincinnati
The conclusion of the Pink Pyramid incident in Cincinnati.

» Issue #69: Spring 1998 Oklahoma City police violated the constitution when they confiscated copies of the award-winning film, The Tin Drum, from a home, libraries, and video stores without a search warrant or adjudicated court order, ruled a federal district court. In April the court will consider whether the film violates state pornography laws.

» Issue #71: Fall 1998 The San Antonio City Council defunded the Esperanza Peace and Justice Center last fall for sponsoring a lesbian and gay film festival. Esperanza's First Amendment lawsuit prompted the city to bar funding for organizations in an adversarial relationship. The policy was rescinded when city counsel called it illegal. Nonetheless the city still denied Esperanza funding.

» Issue #72: Winter 1998 - 99 The Tin Drum does not meet Oklahoma's standard of child pornography, ruled a federal judge who had ruled earlier that seizure of videocasettes by the police was unconstitutional. NCAC worked with Oklahomans for Free Expression and other First Amendment groups to publicize the controversy.

» Issue #73: Spring 1999 In Louisiana, the St. Tammany Parish Police Jury ordered the local library to restrict access to R and NC-17 rated videos by minors under 17. NCAC wrote that this approach is likely unconstitutional, as well as unwise, and urged a return to the library's prior policy, allowing parents to restrict their own children's access to material they consider inappropriate.

» Issue#74: Summer 1999 Violence in the Media by Joan E. Bertin
An article looking at the value of violence in television and movies

» Washington's Post-Littleton Looney Tunes by Frank Rich
An article looking at the political activity following the Littleton tragedy, especially policies targeting violence in the media industry, including movies.

» Issue #75: Fall 1999 Instead of an "Appeal to Hollywood," how about an Appeal to Reason?
by Joan E. Bertin
NCAC and other First Amendment organizations have developed a counter-statement to the Appeal to Hollywood and other assaults on art and entertainment dubbed the "Appeal to Reason."

» Issue #81: Spring 2001 In Utah, a full-time official enforces the state's obscenity laws, and stores rent expurgated-only videos. "Porn czar" Paula Houston will draft Utah's "moral nuisance law" and a model law "to abate and discourage obscenity and pornography." Video store owner Ray Lines rents videos stripped of sex, sin, swearwords, nudity, and violence. Saving Private Ryan, Schindler's List, and Titanic are among the films edited to be Mormon-friendly.

» Issue #93: Spring 2004 A film about the Declaration of Independence, 1776, was banned in Fairfax County, VA middle schools. In it Thomas Jefferson told John Adams that he "burns" for his wife. Adams asks "will you be a patriot...or a lover?" The social studies coordinator, Sara Shoob, explained that "There's some sexual innuendo and language, and when you're talking about the Declaration of Independence, that does not have to be part of your discussion."

» Issue #96: Winter 2004 - 05 The Sinclair Broadcast Group and dozens of other ABC affiliates refused to air the Academy Award-winning film, Saving Private Ryan-a searing portrayal of the trauma of war. The affiliates were afraid that the salty language of World War II soldiers and depictions of wartime violence would trigger FCC fines for "indecency." Most of ABC's 225 affiliates commemorated Veterans' Day by airing the film.

Issue #98: Summer 2005 BLEEP: Censoring Hollywood?
By Marjorie Heins
The remarks taken from a speech talking about the bowdlerization of movies and whether software that permits the mutilation of movies is permissible under our copyright law.