Depending upon which pop cultural dilettante you choose to read, “Pre-Code Cinema” is confined to the first few years of the sound era, the period from the industry adoption of sound in 1929 to the enactment of the Motion Picture Production Code that began on July 1, 1934. Some may expand the period to include Hollywood’s early silent era, arguing the pre-code era should include films made from 1921 through 1934. In any case, the term has become synonymous with a time period (narrowly) characterized by cinematic expressions of the forbidden, daring subject matter, and certain deliberate provocations. In this view, the Hollywood movies of the so-called “pre-code era” blended a daring social consciousness with a certain frankness in its portrayals of the American social scene, not unlike the “problem pictures” of the post-World War II era (e.g., The Best Years of Our Lives, The Pride of the Marines, Crossfire, Pinky, The Snake Pit). Warner Brothers in particular made such pictures in the pre-code era, with “hard-hitting,” “socially conscious” films such as I Was a Fugitive from a Chain Gang and Wild Boys of the Road.
However, unlike many of the “problem pictures,” the most daring pre-code films never made the yearly Top 25 box office hits list. For example, the “problem picture,” The Best Years of Our Lives (1946), won seven Academy Awards, including Best Picture and Best Director. Thus, the designation, “Pre-Code Cinema,” seems perilously close to a marketing ploy, the assumption being that the daring, socially conscious films of the pre-1934 period are valuable precisely because they were, if not exactly avoided, neglected by moviegoers, who preferred more traditional, old-fashioned entertainment. The Criterion Collection’s forthcoming box set, Freaks / The Unknown / The Mystic: Tod Browning’s Sideshow Shockers, trades on the pre-code era as having a certain cultural cachet, the films’ significance a consequence of their daring, outré subject matter (a tautology), but—most importantly—due to the fact that they were neglected at the time of initial release (always an essential feature for any project of rehabilitation). I have seen two of the three films in the “Sideshow Shockers” box, Freaks (many times), and The Unknown (I have taught the film on a couple of occasions in order for students to study the performance of Lon Chaney, above), but I have never seen The Mystic (1925) and look forward to seeing it.
The reduction of “Pre-Code Cinema” to “forbidden” topics or to “hard-hitting” provocations impoverishes the films, ignoring how film genres evolved due, in part, to experimentation—the aforementioned films of Tod Browning were made possible because there was not yet a tendency toward genre consolidation or homogenization. If one wants to make the argument that “pre-code” Hollywood films differ from the films made after July 1, 1934, then it is possible to argue that genre homogenization (stereotypical narrative units, predictable conclusions, etc.) may have been an unintended consequence of the production code. It is naïve to believe that sex and violence vanished from Hollywood films after 1934; after all, sex and violence was (and is) Hollywood’s bread and butter, and the studio heads knew it. It is important to remember that the Motion Picture Production Code came about because the Hollywood studio heads endorsed it: the Hollywood film industry chose self-regulation as a way to protect itself from government regulation and censorship. “Pre-Code Cinema” simply names an earlier way of doing the same old business.