New York Theater Announces That It Will Ignore NC-17 Rating For Lesbian Film And Allow Minors To See Film

11174299_detThere could be an interesting conflict brewing in New York where IFC Center in Greenwich Village has declared that it will not impose the NC-17 rating for Abdellatif Kechiche’s three-hour long lesbian drama “Blue Is the Warmest Color”. In other words, it will allow in teenage viewers in violation of the rating. The case could force a confrontation over the voluntary system of ratings. This was a compromise with politicians and some groups that want to regulate films for obscenity or violence or sexual content. If theaters refuse to comply with the ratings, there may be a move to re-introduce legislation imposing direct government regulation — raising obvious free speech issues.


The theater will allow teenagers below the age of 17 to see the film. The company does not explain why it decided to challenge the ratings over this one film or how it will decide in the future to waive or apply the NC-17 standard.

John Vanco, senior veep and general manager of the IFC Center, simply said “it is our judgment that it is not inappropriate for mature, inquiring teenagers who are looking ahead to the emotional challenges and opportunities that adulthood holds.”

The company has stressed that the MPAA rating is purely voluntary and so it is not going to apply it in this case to allow more teenagers to see “Blue Is the Warmest Color”. The movie includes one segment that is a 15 minute lesbian sex scene.

On the other end of the spectrum, an arthouse in Idaho has decided not to screen the film due to obscenity laws that cover venues that sell alcohol.

Here is the current standard:

NC-17 – No One 17 & Under Admitted
This film is clearly adult and people under the age of eighteen are not admitted. Such films may contain brutality/pervasive extreme non-stop graphic violence, explicit sexual content, sexual assault, extreme horror, extreme emotional intensity, discrimination/bullying, crude situations, strong graphic non-stop language, disturbing/startling images, strong graphic drug use, alcohol, tobacco and/or aberrational behavior.

This standard is part of a compromise brokered by MPAA president Jack Valenti in May 1966 who opposed the earlier Hays Code. The voluntary standard took affect on November 1, 1968 with three organizations serving as its monitoring and guiding groups: the MPAA, the National Association of Theater Owners (NATO), and the International Film Importers & Distributors of America (IFIDA).

If theaters are now going to waive the rating, it could revive demands in Congress for regulation. Senators like Joseph Lieberman have long called for regulation or censorship of games and music viewed as bad influences on our children. It will be interesting to see if they respond to this move in New York. Likewise, as reflected in the Idaho case, such decisions could revive obscenity prosecutions in more conservative states.

The imposition on audience restrictions raise serious concerns over censorship and the rights of free speech and association. However, states are given more authority in acting to protect the interests of children. What do you think about these voluntary or mandatory standards?

39 thoughts on “New York Theater Announces That It Will Ignore NC-17 Rating For Lesbian Film And Allow Minors To See Film”

  1. Excellent news. The sooner young people adjust to the realities of sex and consent the better. Concerns about “not being ready” is where good parenting comes in, where you actually talk about sex and often, and before the hormones come in and shake everything up. My own education started at age 8, and I remember that summer very well, as my sister was pregnant with my niece and could not hide it. Known for my Pesky Questioning, I was soon immersed in the knowledge of what I was soon going to be. I knew what to expect, and when to expect it. It wasn’t mystifying. It was liberating. The year was 1973.

    For quite a few young girls, this film is likely to become a touchstone in their lives, as Brokeback Mountain was and continues to be for its audiences.

  2. That particular theatre owner needs a choice and not an echo. If he has two theatres in his building he ought to run a straight sex film at the same time as the bent sex film. Call the Theatre itself: “Different Strokes For Different Folks, LLC and PG.” When you walk in the door have a sign that says: Straight Ahead for Benny Porks Betsy, make a Left for Betty Bangs Betsy.

    There is a theatre of sorts in Amsterdam called Cathouse With a Hot Tin Roof. It is on Damrak if you are in that town on other business and need a diversion. One can only imagine what goes on inside.

  3. The type of sexual relations should be based on age only, not whether one type is inapplicable to age-based rules.

    Thus, the theatre is making a mistake. One for all and all for one is the better application of a rule designed to benefit minors.

  4. This is one thing I find inexplicable about US film ratings. You can have utter savagery in a film, but it will get an easy certification. Any sexual content, though, tends to be heavily restricted. This reversal of commonsense is inexcusable and unconscionable.

  5. Tony, There’s a good book I read a few years back called, Super Mob. It details Russian Jewish attorneys from Chicago and their connections w/ the Mob. Sidney Korshak was the king of this group. He was born and raised in Chicago, did work for Capone and other mobsters. The NYC mob saw just how valuable Korshak was and also saw what potential Hollywood held. So, they sent Sidney out to Ca. He and Lew Wasserman owned Hollywood after a decade or so. Wasserman the studios, Korshak the unions. They set up an errand boy as SAG president, Ronald Reagan. Being a good errand boy, Reagan sold out the union. Wasserman and Korshak saw the growth in revenues were going to come from showing US movies in foreign countries, it was virtually an untapped market. So, Reagan “negotiated” a contract where no residuals would be paid to actors for foreign revenues. Now, if you’re a big star you have the clout to get foreign residuals written into contract. But for every star there are 50 w/o the clout. However, the studios weren’t getting the revenues they hoped for @ the outset. No one likes subtitles or dubbing. The exception being Jerry Lewis flicks in France. Then it dawned on moviemakers, action movies, lot’s of action and violence. It’s the same reason magicians have always been big in Vegas, it’s visual and there are many foreign tourists.

    The Wasserman/Korshak connection to the MPAA is tied into the violence. Again, and errand boy was needed and Jack Valenti was perfect. He could appease the pols, having been an LBJ aid, and he the scruples of well…a politician. Wasserman had Valenti be tough on sex but lenient on violence. Because the studios were going to be making big action, violent flicks and getting big dollars overseas. Of course the errand boy also made sure the studios were taken care of, and Indy moviemakers were handicapped.

  6. Nick: Hence my assertion: Disobedience is a good idea, perhaps enough of it will prompt the rating agency to pull its head out of its ass and see what kids are watching already.

    To be more specific, a significant number of kids of any age, if able to spell and surf the net (as I have seen seven year olds do with more alacrity than my mother) can access full nudity, full penetration porn in high definition. Any orifice, gay or straight or multiple partners, and any fetish or kink they care to see.

    If I were a theater owner, I would be careful not to break the law in showing anything actually illegal to a minor, but if it isn’t against the law, I would make my own independent judgment; the system (in my view) is clearly pretty phucked up when blowing a character’s brains out is deemed less offensive than two girls (or any two people) having consensual sex.

  7. nick spinelli 1, October 25, 2013 at 4:29 pm

    … One of the inequities in this studio controlled rating system is how the negotiating is done …

    ======================
    That is soooooooooooooo anti bully Nick.

    Remember your roots.

  8. Tony C. 1, October 25, 2013 at 4:16 pm

    Isn’t the whole point of subscribing to a voluntary system instead of a mandatory one precisely so you can exercise your own judgment when you disagree with the rating authority or think they have overstepped their bounds?

    =======================
    If not, it should be.

  9. Tony, One of the inequities in this studio controlled rating system is how the negotiating is done to get the desired rating. If it’s a studio flick, the board will give specifics of what was flagged, and even suggest what could be done to pass. Indy directors basically get a “It’s NC-17” and no reasons, you have to guess. Watters learned through many of these dances that homosexual sex had little wiggle room..as it were. It can come down to the # of pelvic thrusts..5 is ok, 7 is too many.

    Language and violence are the other arbitrary non guidelines. Big studios will get more mofo’s than an Indy. People actually count the vulgarities. Violence is the same. They allow a lot of violence as long as their is little blood. Studios get more blood and limb hacks than Indy’s.

    Finally, there is an appeal process, but it’s a kangaroo court w/ studio and movie theatre execs being the appeal panel. It’s a rigged game.

  10. The only possible good that could come out of this theatre’s waiver could be a national discussion that free speech should mean free speech. However, in light of the political climate, I do not see it ending well for the artists.

  11. Nal, It was strange. Two of those comments that had the “moderation” tags were virtually the same. The third, I think, was just posted w/ the other 2, after I did my “help” comment. I know wordpress is bipolar and as I always say, thanks much for your help. I appreciate it.

  12. Isn’t the whole point of subscribing to a voluntary system instead of a mandatory one precisely so you can exercise your own judgment when you disagree with the rating authority or think they have overstepped their bounds?

    In this case, the theater owners may feel the sex scene (which was not rated R) is tastefully done, necessary to the motivations of the plot, and far less explicit than what they know teens are already watching on the Internet. If I were a theater owner, I would be pissed at excluding what I thought was a prime demographic for a pointless exercise in “protecting” teens from images of girls making out and having a roll in the hay that doesn’t even warrant an “R” rating.

    Disobedience is a good idea, perhaps enough of it will prompt the rating agency to pull its head out of its ass and see what kids are watching already.

  13. nick spinelli:

    Then they were released @ the same time. Curiouser and curiouser.

    I can’t speak as to why those comments made it to the spam filter, but when checking the spam filter, a GB would have approved your comments at the same time (within the time it take to click a mouse).

  14. nick spinelli 1, October 25, 2013 at 3:49 pm

    Dredd… The only topics you know anything about are movies, sports, and food …
    =====================
    That is the entire universe.

  15. Dredd, actually this is one of the assigned specialties given to me by an august GBer. Actually, I don’t think he said it was a specialty, per se. I’ll paraphrase but I think it was..The only topics you know anything about are movies, sports, and food. Maybe I’ll be able to work in the trifecta.

    We go to a theatre in Madison owned by Robert Redford, appropriately named Sundance. This was his second, w/ SF being first. I think there’s one in Austin now? Anyway, they have pretty good food. There is a sit down restaurant w/ a nice menu, but you can also get sandwiches, salads, etc. to take into the theatre. However, the best part is beer and wine. They used to have a full bar but apparently that didn’t do well. Too bad, because I’m a shot and beer guy.

    Sports is on deck.

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