The Hays Code Explained: History of Hollywood’s Hays Code

The Hays Code, or the Motion Picture Production Code, censored the American film industry during the mid-twentieth century. Created by the Motion Picture Producers and Distributors of America (MPPDA)—now known as the Motion Picture Association of America (MPAA)—the Hays Code required filmmakers to comply with its general principles to receive a seal of approval.

During the Golden Age of Hollywood, the Hays Code censored and banned a wide variety of subjects. This included depictions of nudity, scenes of passion, lustful kissing, mentions of venereal diseases, profanity, crime portrayed positively, disrespect toward religion or the law, sexual perversion (code for homosexuality), and miscegenation (interracial relationships)—among other subjects. Studios implemented the Hays Code to avoid government censorship and to restore Hollywood’s public image after several movie star scandals.

The Hays Code impacted Hollywood films for several decades during the twentieth century.

• Self-censorship and pre-code Hollywood: In 1915, the US Supreme Court ruled that films were not protected by the First Amendment as free speech. Rather than allowing states or the federal government to regulate films, Hollywood studios opted to write their own censorship code. These studios hired Will H. Hays, the former Postmaster General, to head this self-censorship initiative. In 1927, Hays and his committee of major studio executives created a list called “Don’ts and Be Carefuls,” which included a list of content the movie industry should avoid or carefully approach.
• Adoption and enforcement of the Hays Code: The major studios officially adopted the Hays Code in 1930. The MPPDA, which was referred to as the Hays office, was in charge of implementing the code but proved ineffective as it had no authority to force studios to omit content. In 1934, the Hays office amended its regulations and formed the Production Code Administration (PCA), which required all new films released to obtain a seal of approval. Joseph Breen led the PCA on and off from 1934 to 1954 as an effective enforcer of the Hays Code on many films, including Casablanca (1942). The Hays Code was even used to change cartoon character Betty Boop’s clothing from a flapper dress to an old-fashioned skirt.
• Pushback and the Miracle Decision: Filmmakers developed new ways to work around the Hays Code. In 1939, Gone with the Wind included the word “damn,” which the Hays office permitted based on its use in the original novel. Directors like Otto Preminger continually undermined the code, sometimes even mocking the code within their films. Billy Wilder’s Some Like it Hot (1959) was a box office hit without earning the PCA’s seal of approval. In 1952, the Supreme Court overruled its 1915 decision and granted films the right to free speech. This Miracle Decision, as it became known, removed legal backing for the Hays Code.
• Loss of power and replacement: Following the Miracle Decision and other Supreme Court cases, the MPPDA abandoned the Hays Code in 1968 and replaced it with the MPAA film rating system still used today.

The Motion Picture Production Code is most commonly referred to as the Hays Code after Will H. Hays. Hays served as the first president of the Motion Picture Producers and Distributors of America from 1922 until 1945. The code is also known as the Breen Code after the Hays Code’s main enforcer, Joseph Breen.

In its later years, the Hays Code became less influential in the motion picture industry. Due to the rise of television, the censorship board’s lack of authority over foreign films, and the pushback within the industry itself, the Hays Code struggled to maintain control. Without legal backing from courts, the Hays Code could no longer enforce its censoring effectively. The MPPDA was forced to phase out the Hays Code and implement a new ratings system.

Become a better filmmaker with the MasterClass Annual Membership. Gain access to exclusive video lessons taught by the world’s best, including James Cameron, Spike Lee, David Lynch, Shonda Rhimes, Jodie Foster, Martin Scorsese, and more.