July  23, 2018 
 
      In the late 1890s and early 1900s, well before stars like  Harold Lloyd, Buster Keaton, and Charlie Chaplin were famous, moving pictures  became a form of popular entertainment for people of all ages. Movies were  unregulated, allowing theater owners to show violent or indecent movies.  Religious groups particularly called on governmental entities to restrict  access to movies or to ban them completely because they were a threat against  morality.
      The City of Chicago passed the country’s first censorship  law in 1907 prohibiting the “exhibition of obscene and immoral” moving pictures  “commonly shown in mutoscopes, kinetoscopes, cinemetographs, and penny  arcades.” The ordinance required movie theater owners to obtain a permit from  the chief of police, who had the authority to refuse permits to owners  exhibiting obscene material. 
      Jake Block and other five- and ten-cent movie operators sued  the City of Chicago for an injunction to stop enforcement of the ordinance  because it was unconstitutional. The Chief of Police denied Block from showing  two movies, The James Boys and Night Riders. Block argued that motion  picture exhibitors had been unconstitutionally singled out and suffered from  burdensome regulation. Block argued further that depiction of historical events  could not be determined obscene or immoral and pointed out that stage plays did  not need approval from the censors before performances. The Superior Court of  Cook County found for the City, and Block appealed to the Illinois Supreme  Court. 
      In Block et al. v.  City of Chicago (239 Ill. 251 (1909)), the Supreme Court upheld the city’s  ordinance and Superior Court’s ruling. Chief Justice James Cartwright wrote the  opinion that motion pictures were indeed different from stage plays and could  be regulated along with nickelodeons and similar forms of entertainment. He  also found that censorship was a valid police power and that the City of  Chicago did not abuse its power in the administration of the law. Cartwright  wrote “there are people who differ upon the subject as to what is immoral and  obscene,” but it was important to have the local government apply the test in  the case of motion pictures because the low price of admission allows for  frequent attendance by children. Cartwright concluded that the audience must be  protected from obscene and immoral depictions, and that the “welfare of society  demands that every effort of municipal authorities to afford such protection  shall be sustained.”
      The case was significant because it was the first case in  the country that dealt with movie censorship, and other municipalities followed  suit, creating many different standards nationwide. The Motion Picture  Association of America (MPAA) formed in 1922 to promote movies and to secure  financing, but also to promote a “clean, moral tone” in movies. The MPAA  loosened many of its restrictions in the 1950s, but the Block precedent remained in place until the 1961 U.S. Supreme Court  case of Times Film Corporation v. City of  Chicago (365 U.S. 43) held that Chicago’s 1907 ordinance restricted free  speech. In 1968, the MPAA recommended that movie studios use voluntary ratings  based on age, which, after a few modifications, is the system currently in  place.