Another of the difficulties of the unfortunate moving-picture producer is the fact that censorship bodies in various parts of the country have a faculty of seldom hitting on the same thing as objectionable. There is, of course, a National Association of the Motion Picture Industry which maintains its own censorship through which 92 per cent of all the pictures exhibited in America are passed, but in addition to that Pennsylvania, Ohio, Kansas, and Maryland have State censorship boards, and there are numerous local bodies as well. Cecil B. De Mille complained, shortly after his version of Geraldine Farrar in "Carmen" was launched, that at that time there were approximately thirty-five censorship organizations in the United States. These included various State and municipal boards. Every one of these thirty-odd organizations censored "Carmen." No two boards censored the same thing. In other words, what was morally acceptable to New York was highly immoral in Pennsylvania. What Pennsylvania might see with impunity was considered dangerous to the citizens of an adjoining State.
Of course the question at issue is whether the potential immoral picture shall first be shown at the producer's or the exhibitor's risk, or whether censorship shall come first before there has been any public showing. The contention is made by some of the moving-picture people that they should have the same freedom given to people who deal in print to publish first and take the consequences later if any statute has been violated. The right to free speech, in fact, has been invoked in favor of the motion picture as a medium of expression. This view had the support of the late Mayor Gaynor, an excellent jurist, but apparently it is not the view held by various State courts which have passed upon the constitutionality of censorship laws. When the aldermen of New York City passed an ordinance providing for the censorship of movies Mayor Gaynor wrote: "If this ordinance is legal, then a similar ordinance in respect of the newspapers and the theaters generally would be legal. Once revive the censorship and there is no telling how far we may carry it."
No matter what the law, the real basis of censorship is the public itself. Persons who feel that tighter lines of censorship must be drawn and new bodies established go on the theory that there is a great demand for the salacious moving-picture show. But there is no continuing appeal in dirt in the theater. It does not permanently sell the biggest of the magazines or the newspapers. And naturally it is not a paying commodity to the moving-picture men. The best that the censor can do is to guess what will be offensive to the general public. The general public can be much more accurate in its reactions. It knows. And it is prepared to stay away from the dirty show in droves.
XLII
CENSORING THE CENSOR
Mice and canaries were sometimes employed in France to detect the presence of gas. When these little things began to die in their cages the soldiers knew that the air had become dangerous. Some such system should be devised for censorship to make it practical. Even with the weight of authority behind him no bland person, with virtue obviously unruffled, is altogether convincing when he announces that the book he has just read or the moving picture he has seen is so hideously immoral that it constitutes a danger to the community. For my part I always feel that if he can stand it so can I. To the best of my knowledge and belief, Mr. Sumner was not swayed from his usual course of life by so much as a single peccadillo for all of Jurgen. His indignation was altogether altruistic. He feared for the fate of weaker men and women.
Every theatrical manager, every motion picture producer, and every publisher knows, to his sorrow, that the business of estimating the effect of any piece of imaginative work upon others is precarious and uncertain. Genius would be required to predict accurately the reaction of the general public to any set piece which seems immoral to the censor. For instance, why was Mr. Sumner so certain that Jurgen, which inspired him with horror and loathing, would prove a persuasive temptation to all the rest of the world? Censorship is serious and drastic business; it should never rest merely upon guesswork and more particularly not upon the guesses of men so staunch in morals that they are obviously of distant kin to the rest of humanity.
The censor should be a person of a type capable of being blasted for the sins of the people. His job can be elevated to dignity only when the world realizes that he runs horrid risks. If we should choose our censors from fallible folk we might have proof instead of opinions. Suppose the censor of Jurgen had been some one other than Mr. Sumner, some one so unlike the head of the vice society that after reading Mr. Cabell's book he had come out of his room, not quivering with rage, but leering and wearing vine leaves. In such case the rest would be easy. It would merely be necessary to shadow the censor until he met his first dryad. His wink would be sufficient evidence and might serve as a cue for the rescuers to rush forward and save him. Of course there would then be no necessity for legal proceedings in regard to the book. Expert testimony as to its possible effects would be irrelevant. We would know and we could all join cheerfully in the bonfire.
To my mind there are three possible positions which may logically be taken concerning censorship. It might be entrusted to the wisest man in the world, to a series of average men,—or be abolished. Unfortunately it has been our experience that there is a distinct affinity between fools and censorship. It seems to be one of those treading grounds where they rush in. To be sure, we ought to admit a prejudice at the outset and acknowledge that we were a reporter in France during the war at a time when censors seemed a little more ridiculous than usual. We still remember the young American lieutenant who held up a story of a boxing match in Saint-Nazaire because the reporter wrote, "In the fourth round MacBeth landed a nice right on the Irishman's nose and the claret began to flow." "I'm sorry," said the censor, "but we have strict orders from Major Palmer that no mention of wine or liquor is to be allowed in any story about the American army."
Nor have we forgotten the story of General Petain's mustache. "Why," asked Junius Wood of the Globe, "have you held up my story? All the rest have gone."
"Unfortunately," answered the courteous Frenchman, "you have twice used the expression General Petain's 'white mustache.' I might stretch a point and let you say 'gray mustache,' but I should much prefer to have you say 'blond mustache.'"