The Outlaw (film)

Type of work: Film

Released: 1943

Directors: Howard Hawks (1896-1977) and Howard Hughes (1905-1976)

Subject matter: Outlaw Billy the Kid joins Doc Holliday to escape from a sheriff, despite their rivalry over a Mexican woman

Significance: After the Motion Picture Producers and Distributors of America (MPPDA) revoked this film’s Seal of Approval, Hughes filed an antitrust suit, the first real challenge to the film censorship code

Industrialist Howard Hughes began plans for The Outlaw in 1941, casting unknowns Jack Buetel as Billy the Kid and Jane Russell as a Mexican woman, Rio. In midproduction, Hughes fired director Howard Hawks and began directing himself, using the camera to emphasize Russell’s ample bust. After negotiating with film censors, the film received the MPPDA’s Seal of Approval on May 23, 1941; local censors, however, cut it severely, and Hughes postponed the film’s release.

In 1943 The Outlaw opened in San Francisco’s Geary Theater, playing to record crowds. Hughes blanketed the city with sexually provocative advertisements, causing public protests. The Legion of Decency condemned the film. Hughes withdrew it but continued advertising, and released it again in 1946. This time, the advertising was also condemned. Hughes sued the film industry’s governing board, now called the Motion Picture Association of America (MPAA), claiming that it violated antitrust and restraint of trade laws and First Amendment free speech guarantees. Hughes lost the case and an appeal. On September 6, 1946, Hughes was ordered to remove the Seal of Approval from all prints. Canceled bookings followed. State boards in Massachusetts, Ohio, and Maryland banned the film, which was also banned in many cities and aroused criticism in Canada and Britain. Hughes took some cases to court and lost, although enough exhibitors showed the film to generate earnings of more than three million dollars by 1948. In 1949 a newly edited version regained the Seal of Approval; the Ohio ban, however, was not overturned until 1954.