Some time ago, I put up a blog
which reprinted what 20 writers thought about while writing comics in the 1970s. It was reprinted from Inside Comics. It proved very popular so I thought I’d put
up another article from that four issue fanzine. This one features Leonard Darvin, Roy Thomas,
Carmine Infantino, and James Warren talking about the comics code from 1974:
The
Comics Code: 20 Years Of Self-Strangulation?
After 20 years of the
Comics Code, what would you say have been the positive contributions of the
Code to either the industry or the public?
LEONARD DARVIN: The Code made
it possible for the comic book to survive as a mass medium for children,
acceptable in the home and selling hundreds of millions of copies. Were it not
for the Code, comics might have survived as a small, offbeat type of
publication for adults, or in the kiddie area like Mickey Mouse.
With competitive trends
as they are, if one publisher got into sex, almost inevitably another would get
sexier, and so on, until the public would clamp down and say “I don’t want my
kids to read them!” Though in 1971 we permitted the use of werewolves and
vampires, the trend in that direction is not gory in Code approved books, and
does not go beyond limits that we would defend for reading by a youngster,
maybe not babies, but okay for teenagers.
There’s no arbitrary limit
on age. The Code, on a sexual level, for example, is no more restrictive than
many state laws which say that children under 17 can’t be sold a book which
shows bare breasts. We have kept within the bounds of 17 or 18. It’s up to the
individual publisher to decide that he’s putting a book out for kids of 7 or 8,
or to decide to publish for 17 or older.
The Code can only be
justified by the fact that a comic book is essentially a children’s reading
device. Take that element away from it, then the Code certainly has no place,
because I’m against censorship, and I know the publishers are against
censorship generally for adults.
When you deal with
children, even today, the feeling that we’ve gone beyond, in sophistication,
the point where we were in 1954, is ridiculous. When it comes to children,
people are still as sensitive as ever. There is always the danger of the
government stepping in as is happening right now with standards for children’s
advertising on television.
If we didn’t have the
Code, competitive forces and periphery people, who are out of the business
today, would come back into it, abuse the medium and kill the whole thing, as
far as the mass medium goes.
CARMINE INFANTINO: It
helped considerably by keeping out the lunatic fringe element. There would have
been an awful lot of guys in there publishing who are not around now because of
the Code.
ROY THOMAS: The most
positive one is the fact that there is a comic book industry at all today.
There was a time in the fifties when it looked as if the whole industry would
go under because of the excesses of the few, or even the many. Now with
self-censorship, that’s been very well taken care of.
JAMES WARREN: The Comics
Code had done many things for many groups. Start with the publishers who got
under the wire and had their stuff “acceptable” to the Code. This has been
wonderful to them, because it represented a sort of closed shop in which they
set up their own standards as to who they’re going to let into the ball game.
Now for the publishers who fit into the Code, it was terrific because, for a
while, nothing would compete with them unless it was in the range of what fit
into the Code. As long as they, themselves, made the rules which they had to
comply with, that was fine. So if you happened to have an ARCHIE going at the
time, great, if you didn’t happen to, you were out of business.
Now, what benefits did
the public get when Bill Gaines was torn apart unmercifully under the lights of
the Senate Investigating Committee? Ask yourself what benefit you got from
pulling Gaines apart. It is an unfair thing that I equate with the McCarthy
days. What were Kefauver’s political motives? It did him a lot of good, got him
on television at Gaines’ expense.
What did the public get,
some good television viewing? Actually, I don’t think the public got anything
out of it, it was shameful.
The news media who
covered it beautifully got a lot out of it. They got good copy at the expense
of a human being named Bill Gaines.
What have been the
negative or nonconstructive effects of the Comics Code in the last 20 years?
DARVIN: You have to look
at the answer in two ways.
Certainly in the course
of the thousands of decisions we have made, we might have made mistakes and
restricted the publication of some of the wrong things. Overall, especially
since 1971 when we revised the code, taking into account the contemporary
feeling about nudity for example, which is much more liberal than it was in
1954, we have not restricted creativity.
I think that we have
promoted creativity by eliminating broad areas of emphasis on gore. The
publishers looked for different areas because they had to. They went into
social significance, the art became better, they had to sell books on another
basis.
INFANTINO: None. I’m in
favor of the Code. At one point recently, the Code looked as if it were in dire
jeopardy because of financial problems. The boys on the Code and myself stood
up and said we would back it up 1000/0 to keep it going. It’s a necessity. We
really feel that.
You can be just as
creative within the framework of those rules as you can without them. Everybody
says that those rules are hampering them, but I think that there’s something
wrong with the people who complain. It makes you think a little harder to be
creative, there’s nothing wrong with that.
THOMAS: It makes certain
things impossible. The Code has assumed the fact that the industry would be
aimed almost entirely at children. In the fifties, there was a chance for some
kind of break-through, when the books were beginning to appeal to a slightly
older audience. They were halted because someone suddenly said, “You’ve gone
too far, go no further.”
The question is whether
the comics should be kept for kids just because they are read partly by kids,
or whether they should have been allowed to grow naturally.
It took years for the
comics to begin to catch up with other media. Even now we are not allowed to do
things which are everyday occurrences in movies or T.V. as regards to language
and themes. All these forbidden things are done on prime-time T.V. shows when
everyone knows that they are going to be watched by 8 year old kids. But if the
same kids see it in the comic books, somehow you can pin comics right there and
say: This is terrible!!!
WARREN: There might have
been some young people who could have been inspired, whose imagination might
have been lifted and who might have gotten some great pleasure out of the
comics they never got to read because the comics were never published. People
like budding Bradburys, Fellinis, and Ku-bricks; anybody who had their
imaginations soar to the heights when they were kids and read comics. Now I’m
not saying that the comics had to include the kind of things that Bill Gaines
was vilified for, but I think that there was a Middle ground between Archie and
the stuff Gaines was putting out
There is a generation of
kids that never read anything but Code comics who would be better off as
budding creative people had they read other comics. I’m looking up to people
who have said this to me time and again, even in print. Ray Bradbury has said
that he loved his youth, and loved the comics he read, and loved the kind of
stuff that inspired him to go on and become a creative writer. Who is to say
that we haven’t lost out on a couple of Ray Bradburys because the stuff that
the Code allowed was not enough to inspire them.
Given the Comics Code as
it exists today, what changes or alterations would you make in the Code if you
had a completely free hand in the matter?
DARVIN: The Code is a
simple set of rules, easy to understand. However, when you apply it to a
particular situation it’s not quite that simple, because there can be two views
of it, and both can either be said to violate the Code or to conform to it.
With the type of interpretation that we’ve developed, we occasionally will be
very severe about holding to the very letter of the Code, and at other times
relax a little—depending on the situation.
I don’t think that the
Code needs revision right now. We can live with it, and the publishers can live
with it, We certainly have not had any complaints from the publishers in the
last few years.
INFANTINO: We did make
changes in the Code when it was reshaped 2 years ago. We made clarification of
areas which were kind of nebulous at the time. Mystery—some call it Horror—had
a clarification: I said, what’s wrong with the stories of Poe and de Maupassant?
If they’re classics and they’re good enough for a kid to read in school and for
a teacher to teach him, why can’t we have things like that under the Code’? The
group agreed. We bent the rules a little so that the Code would open up a
little further, but not take the situation to the stages where some of the
non-Code people have gone.
THOMAS: It would probably
have to be that I would want to see no Code at all. Any changes that would be
made at this point are really pretty minimal. I could talk about ridiculous
restrictions: we could have vampires, but not zombies. There’s a provision that
rape cannot be shown in any way, even the suggestion that there might have been
a rape, I think that’s rather a mistake. It moans you can approach realism from
certain angles, and then suddenly there’s one thing that’s completely shut off
to you. It can make the whole story suddenly very artificial.
The language restriction
should be lifted. But as long as we’re aiming primarily at kids, I don’t think
we would do much more anyway. Many of our audience at various ages, including
teenagers, not just young kids, object to the swear words. If we use a tiny bit
of suggestive nudity, most people say that if its done tastefully, it should be
done.
Other people object to it
in any way shape or form.
All in all, the only way
to do anything outside the Code is not to change the Code, but simply to do a
magazine which does not fall under the Code at all. The black and white
magazines just use those provisions of the Code which make sense to you,
depending on what you think your audience is, and not those that don’t make any
sense to you, and feel you shouldn’t bother with.
WARREN: I’d have to think
about that before I could give you a snap answer. I would recommend changes,
but before I could give you an intelligent answer, I would want to familiarize
myself with the Code itself which I am not intimately familiar with because I
don’t have to answer to it.
Given the overall nature
of the Comic Book Code as it exists today, do you feel that we will continue to
have a Code for another 20 years?
DARVIN: I think
everything ends. I take a rather somber view of the situation. Too many people
take the
Code for granted,
unfortunately. Some people, not only among the fans, who always had a kind of
negative view towards it—I think wrongfully—and perhaps some of the
editors—although we’re pretty friendly these days—but the wholesalers and
retailers feel that the Code isn’t so important anymore; it isn’t really
necessary. The United States Supreme Court Miller decision will put increasing
pressure on wholesalers and retailers to know the exact content of their books,
something which may have serious repercussions.
I don’t think the Code
will last forever. As to its tenure, when I first got a job on the Code in 1955
as a trouble shooter, I didn’t think it would last 6 months. I thought that the
heat on the Comics Industry was off at the time. The Code was expensive and the
money just wasn’t forth coming. The publishers were going into other fields,
and I thought 6 months would see the end of it. Well, I’ve been here almost 19
years, so I’m not a good fortune teller. But it could last another 20 years, or
it could die next week, neither of which would surprise me. I only say that
it’s needed.’
INFANTINO: I hope it
does. As long as I’m here, I’ll certainly be a backer of it. It’s an awfully
rough job to evaluate and have one publisher screaming about another publisher:
he’s doing this and he’s doing that. We’ve got a tremendous guy on the job, and
I hope the Code lasts forever, it’s very important.
I don’t think that it’ll
stay in the same form, nothing does. Things either change or die. The Code will
evolve. Sophistication may come in areas we don’t even expect, but I’m sure it
will come.
THOMAS: I think the Code,
or something like it will be around if comics in their present form are around.
The color Comics Code will exist as long as the color comics exist.
Most of the unfavorable
provisions, the really silly ones against zombies and girls with anything but a
33 inch bust, have mainly been done away with. I think that while a certain
amount of silliness is still left in the Code, that if we keep the color
comics, we might as well keep the Code.
I wouldn’t like to see
the Code expanded to the black and white magazines, because the story market is
older. The Code was designed to protect a different audience, younger, which
does not form the sole readership of comics. Now a more intelligent audience,
an older audience for comics exists that has to be satisfied some other way,
and I would really be very much against extending the Code into some other
form.
The Code should stay
right where it is, live or die depending on whether color comic books aimed
almost exclusively at young children lives or dies. I like color comics, I
would not like to see the black and white format dominate the field. I
therefore hope that the Code has a long, long life.
WARREN: I don’t know the
answer, but I’m inclined to say: No, it won’t. At least not in its present form.
I wouldn’t want anything to continue for 20 years in its present form because
taste changes within each year, and sometimes in even less time. If I had
anything to do with it, I would review the Code every six months.
Although the Comics Code
terms itself “Self-regulation,” and the members of the Code do indeed belong to
it on a voluntary basis, it has been suggested that the Code constitutes a form
of censorship. It has also been suggested that the Code has neutralized any
attempted censorship of comic books. At any rate, the line between regulation
and censorship is thin. How do you feel about this question?
DARVIN: I am personally
opposed to censorship of any kind. It would tend to censor ideas and political
thinking which would be a thing very opposite to my concept of what this
country is all about. What I’m talking about now is state censorship which I’m
against for comic books as well as for adults.
Self-regulation is what
we do. The rules by which we operate are set by the very people that we’re
regulating. As an administrator, I don’t make the Code, I have no power to make
or change the Code. I may make recommendations, but the Board of Directors, on
which sits a representative of every publisher and distributor, makes the Code.
They set the standards. So self-regulation at the very basis is something not
imposed from without, which is censorship, but imposed from within.
Governmental censorship
would be the worst type, because that would have to be political censorship.
Also if the wholesalers got together and decided we will not handle A, B, and C
type of publication—that would be external censorship, too. But this Code is
made by the very publishers who are putting out this material. Naturally, they
are doing it in reference to public reaction, but nevertheless, they could
choose not to do it that way, they could do it another way.
Secondly, no publisher
can be forced to join the Code, he’s free to choose. One of the major
publishers, Gold Key is not a member of the Code. There is also a vast
underground comic field and they’re functioning without the Code. Gold Key is
very cooperative with the Code, but has never joined. When we revised the Code,
Gold Key sent for copies for their editors. Their editor, Joe Connaughton, is a
very fine, friendly fellow. Recently we went after them to join, but they wrote
back that they felt that their type of material did not need Code supervision.
We resent that attitude because if other publishers took it, we’d have
problems. We cause revision in less than 15% of the books that come to us, so
85% or more don’t need Code supervision, but they ALL need the Seal to assure
the public. Gold Key indicated that they would join if they didn’t have to
submit their books in advance, they don’t want to do that.
INFANTINO: I think that
the notion of censorship is ridiculous. First of all, we the group that
participate in the Code, who keep it alive, accept the corrections that Mr.
Darvin will make in our work. By being a member, we’re accepting rules in the
framework that we have set up.
From time to time, many
of the editors, including mine, will deviate here or there, and the Code steps
in and says we’re over the line, but the important thing is that we’re building
our own rules, and we’re supporting this thing ourselves, so it is
self-regulation.
It’s not censorship in
the negative sense. You can be creative within the framework of those rules
that were set up in the Code; it makes you think even further.
THOMAS: It’s strange
because you could look at it either way. Actually, I think it does both. It is,
of course, self-regulation because the comic companies pay the bill. But if you
really have self-regulation, in the freer sense, where every company, editor,
publisher, regulates himself, then you have nothing at all. That’s basically
what existed before 1954. You HAD self-regulation; every company regulated
itself. As a result, you had people playing baseball with parts of other
people’s bodies—very gory stories, indefensible by almost any standards when
aimed at an audience that was obviously composed at least moderately of young
kids.
So the next step from
that type of self-regulation, which is almost no regulation, is for the
companies to get together and to hire an independent authority. Darvin is not
employed by any one person. He can be talked with, argued with, even changed,
if all the publishers get together and want and agree to change things. That’s
self-regulation which regulates by an independent authority that neither John
Goldwater or Stan Lee or Carmine Infantino can do anything about, and I think
it’s a fairly healthy thing.
It’s better than the kind
of regulation which would have come down from the Congressional Commission 20
years ago. Better than what would have grown out of the mood of a public stirred
up by a handful of well-publicized abuses, misinterpreted evidence by Dr.
Wertham and others—however well-intentioned it might have been—taking the good
and the bad and lumping them all together. Any Congressional Commission growing
out of that atmosphere would have been so regulatory that we would have had
nothing left but CASPER, THE FRIENDLY GHOST, and I’m not sure that CASPER would
have survived merely because he was a ghost. People grumble about Judge Murphy,
the first head of the Code, but what he did was probably much less, and at
least had a chance of gradually evolving and changing, whereas with the
Congressional Commission interpreting the rules forever, the comic industry
would never have had enough clout to force them to change. We probably came off
better with the Comic Code than we would otherwise.
I’m in this weird
situation of disliking the Comic Code, not the people involved, but the Code
itself and its regulations, and at the same time realizing that it did comics a
service which many of the excessive, more rabid E.C. Fan Addicts—of which I was
one, but a more moderate one—would abhor. They abhor the idea that the Comic
Code could have done anything except prevent E.C. from going onward and upward,
as though Valhalla was just around the corner and the Code stepped in and
stopped it. What was really around the corner was really even more gruesome
stuff, along side that would probably have evolved, also, some more mature
stuff. We would have had the very good comics and the very bad. What we got
after the Comic Code was very bland comics for about 10 years. Gradually,
things came out of that: the first National super hero, the bland career of the
super hero, then Marvel, and then Warren from outside in the bleachers
somewhere. Just Warren’s pressure on the comics companies as somebody competing
with them and a new generation of artists and writers who have grown up since
the Comic Code was evolved, all worked together to make the world ready for
change in the Comic Code.
WARREN: When you have a
censorship kind of thing, it is awfully dangerous. When one or two individuals
say that this is okay for kids and this isn’t—well, what is a kid? Anybody who
is 7 years old? Well, I’ve got a kid, let’s say, who is 7, has an IQ of 190 and
does calculus. Is that an exception? We’re talking about general overall, where
there is not any such thing as a general.
The implications are that
the Code says: Thou shalt not depict the following... Thou shalt, it is okay
to, depict the following ... That’s the basic factual definition of any kind of
censorship.
There is nothing
voluntary about it at all if, when you want to be in the comic book business,
you’ve got to be in the Code. How voluntary is it if the hierarchy of the Code
is going to say to a wholesaler and retailer to carry only Code merchandise and
you’re guaranteed of no problems. What kind of gun are they going to hold up to
the heads of these people. Put up your hands, or don’t put up your hands, they
say. Well, I have to put up my hands because you’ve got a gun to my head.
In effect, over the past
20 years, the Code has said: Our comics are acceptable. This implies that the
other comics are not. Voluntary becomes a semantic thing. Is this a free
country? Well, yeah, I think it’s a free country, but we’ve got guys tapping my
wires and rifling my psychiatric files. How free is the country?
The wholesalers have been
brainwashed to accept only the Code approved comics as good and good for
business. After 20 years of this, a lot believe this, and a lot of the public
believes it, and a lot of the P.T.A.s believe it. You tell a lie long enough
and the legend becomes fact.