A Couple of Bits I Ran Across This Morning

They have little to do with each other, but I have to update my puter, so I’m putting them both in one post so I can close my tabs. Enjoy.

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Re-imagining a farmers’ market in Beirut by José Andrés

Souk el Tayeb is on the cutting edge of community for Beirutis and beyond

Read on Substack

Today I want to introduce you to a friend of mine from years ago, a community leader in Beirut Lebanon, a man named Kamal Mouzawak.

Kamal and me at Souk el Tayeb a couple of years ago (photo Thomas Schauer)

I’m proud to know Kamal and his team, and to have spent time with them after the horrific 2020 explosion that rocked Beirut and destroyed so many lives. The World Central Kitchen team, who arrived in Beirut to help with the recovered, joined up with Kamal’s team at Tawlet, a kitchen in the city serving foods from around Lebanon (more about that later), along with our mutual friend Aline Kamakian—a brilliant chef, food writer, and culinary advocate. Together, we worked to feed the people of Beirut who were the ones cleaning up the streets. It was a difficult time, but also an amazing one, to see the incredible efforts of Beirutis helping their neighbors get back on their feet, to clean up their neighborhoods, and to make sure they were all fed. (snip-a little video I can’t get a link or embed.)

Kamal has for many years been a leader in the community. In 2004 he started a farmers market in Beirut called Souk el Tayeb, working with farmers from around the rural areas of the country to reach the people of the city. From there his mission has expanded…well, why am I telling you, when I could let Kamal do it? My team had a moment to talk to him recently, since Kamal and Souk el Tayeb were the recipients of a grant from my Longer Tables Fund—specifically to support a new vision for the market, transforming it into a community space. I am so thrilled to be able to support my dear friend Kamal in his work to bring fresh produce to more of his community.

So friends, now I want to give the floor to the super thoughtful Kamal:

Longer Tables: First of all…what is Souk el Tayeb, and what is Tawlet?

Kamal: The whole story has been an evolution since the beginning, in 2004.

Souk el Tayeb is what we call a farmers’ market and Tawlet we call a farmers’ kitchen (“Souk el Tayeb” means “good market” and “tawlet” means “table” in Arabic).  That naming is intentional, to stress the fact that this is not another store, and it’s not another restaurant. It’s not about selling vegetables. It’s not about cooking food and serving food in a restaurant or in whatever we want to call it. It’s about changing the world, making the world a better place.

And it was for people to understand is that food is not just a commodity that you buy on a supermarket shelf but something that someone planted, produced, cooked, transformed—and it’s an exchange between you and him or her through money, but the idea is Why not meet the producers of our food? It was a move for farmers to come from rural to urban in order to be where there’s a demand and purchasing power. It was about farmers coming to meet people who would buy their produce. (snip-MORE, and it’s really nice)

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It’s All About the Tenth Amendment

May 19, 2025 TERI KANEFIELD

No, really, it is. The history of the Tenth Amendment explains [almost] everything happening in politics and government today.

But before I get to the [scintillating] topic of the Tenth Amendment, I have an announcement: Today is the birthday of Rebels, Robbers, and Radicals: The Story of the Bill of Rights.

(I have created birth announcements on publication day for every one of my books beginning with my firstborn novel in 2001.)

And now . . . all about the Tenth Amendment.

* * *

The Tenth Amendment consists of a single sentence:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Supreme Court has described the Tenth Amendment as stating a simple “truism”—“all power is retained which has not been surrendered.”

The problem with calling the Tenth Amendment a “truism” is that, since the start of the nation, there has been bitter disagreement over how much power has been retained by the states, and how much has been surrendered to the federal government. In fact, we fought a Civil War over that question. The Confederacy’s slogan “states’ rights!” was grounded in the Tenth Amendment.

* * *

The drafters of the Constitution debated whether to insert the word “explicitly” into the Tenth Amendment, so that it would read like this:

The powers not explicitly delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The anti-Federalists (the party of Thomas Jefferson), wanted to insert the word “explicitly,” which they understood would sharply limit the power of the federal government. At one point during the early debates on the Constitution, Thomas Jefferson suggested that the federal government should consist of a committee. The Federalists (the party of George Washington and Alexander Hamilton), on the other hand, didn’t want to place such a limitation on federal power because they worried that a situation requiring a national response might arise that they could not foresee.

The Federalist won. The word “explicitly” was not included. Had the word “explicitly” been inserted, the United States most likely would have become a loose coalition of independently governed states sharing a Post Office, armed forces, and not much more.

* * *

Shortly after George Washington was elected president, he appointed Alexander Hamilton as secretary of the Treasury. This was a key post because the Revolutionary War left the nation almost bankrupt, and Hamilton understood commerce and finance. As a teenager in the Caribbean, he worked as a clerk in a trading company. After the Revolutionary War, he and a handful of other New Yorkers helped establish the Bank of New York, which allowed New York to grow into a hub of commerce and trade.

One of Hamilton’s first acts as secretary of the Treasury was to propose a plan that would allow the federal government to assume state debt. There was much resistance to the idea, even by the states that were heavily in debt from the Revolutionary War. Many saw this as a federal power grab because it gave the federal government powers not “delegated” and thus violated the Tenth Amendment.

Hamilton got his way. The federal government assumed state debt. He next proposed a national bank to help the United States prosper the way the Bank of New York helped New York prosper.

The resistance to Hamilton’s proposed national bank was fierce. At stake was the kind of nation the United States would become. Thomas Jefferson and the other anti-Federalists believed a national bank would turn the United States into another Great Britain, which at the time was a vast and powerful financial empire governed by a strong central government. Jefferson believed the way to liberty was for power to reside locally. For Jefferson, the point of the Revolutionary War was for Americans to free themselves from a faraway, out-of-touch, commerce-oriented government.

Slavery, of course, was the underlying issue. The economy of the South and the wealth of people like Thomas Jefferson was built on slave labor. They were afraid that if the federal government grew too powerful, it would end slavery.

It’s Really All About John Locke

To understand how Jefferson reconciled his demand for freedom as an unalienable right with his belief that local governments should decide whether to legalize slavery, we need some John Locke, who — like Thomas Jefferson — was full of contradictions. At the time of his death in 1704, Locke was the most famous philosopher in Europe. Thomas Jefferson took his ideas and much of his famous language from John Locke. The idea that it is a self-evident truth that we all possess unalienable rights is pure John Locke, as is the idea that, to prevent a tyrant, power should be divided between independent branches of government. To quote Steven B. Smith, a political science professor at Yale, “Locke’s writings seem to have been so completely adopted by Thomas Jefferson in the Declaration of Independence that Locke is often thought of as almost an honorary member of the American founding generation.”

Recall Thomas Hobbes’s theory about how government evolved: According to Hobbes, in the state of nature before government, there was violence and chaos. Government arose as a way to create order. For Hobbes, absolute monarchy is the best form of government because only a ruler with absolute power can maintain order. Government arises as a kind of social contract: People give up their freedom and submit to the rule of a king in exchange for protection and order.

John Locke offered a competing theory. In his view, in the state of nature before government, people lived in perfect freedom with unalienable rights. Moral law (or natural law) reigned supreme.

Positive law refers to human made laws. Natural law refers to the higher morality that properly governs human behavior. Human beings can discover natural laws through their capacity for rational analysis. Positive laws, in contrast, are issued by legitimate governments.

Among our inalienable rights, according to Locke, is the right to own property and a chief function of government is to protect private property rights, which, according to John Locke,  derive from natural law. This immediately raises questions. In a state of nature without government, how do we know which property belongs to which person? Can I just claim the river for my own? Locke’s answer is that, “Our claim to property derives from our own work; the fact that we have expanded our labor on something gives us title to it. Labor is the source of all value.”

Okay, so I suppose this means that if a person in the state of nature gathers natural materials and uses their labor to make the material into a house, the person owns the house and has title to that property. But what if one person finds minerals in the earth and uses their labor to extract the minerals. Does the person then own the minerals? What about a forest? If I expend labor to cut down all the wood, does that mean I own it all? What about the servant who expends labor cleaning the master’s house. Does that servant now have claim to the master’s property? As Karl Marx later pointed out, the factory worker does not own the product of his own labor.

Liberty for John Locke was another unalienable right. Here is how Jefferson (and others) reconciled slavery with the belief that all people are born with an unalienable right to liberty: They believed it was part of natural law that Black people were inferior and best suited to laboring for others, which brings us to another problem with the entire idea. Different people will have different ideas of what is ‘moral.’ Locke’s answer is that rational people will all see things the same way, and irrational people are the ones we need government to protect us from.

See the problem? See how this leads to “Some people have unalienable rights and others do not.” It also leads to, “People who agree with me are rational. The purpose of government is to protect our freedom and property rights from those who are irrational.” This, combined with an ‘if I grab it first, I have title to it’ mentality, leads to the idea that one purpose of government is to protect the property rights of the wealthy.

Make no mistake — the idea of unalienable rights and checks on governmental power was a liberal idea and a step toward self-determination and dignity. My point is that the specifics of how this might be applied in the real world wasn’t very well thought out.

Another Lockean innovation is the movement away from feudalism — with its emphasis on a static social hierarchy — toward a market economy with opportunities for all. Locke said, “The world was created in order to be cultivated and improved” and “the world was given to the industrious.” He also believed that government should not stand in the way of industriousness, which you could say makes him the original free market capitalist. The problems here are the same: The idea that in the state of nature people lived happily in an unregulated market economy is fantasy.

Locke also says that people have the right to rebel against a tyrannical government, which raises even more questions. How do the people decide when rebellion is appropriate? What if people have different ideas about what is tyrannical? Wouldn’t this put us in an almost constant state of rebellion and civil war?

Locke’s ideas are naive, but, he did not have the benefit of modern neuroscience and modern psychology. He didn’t know what we know today about brain differences, and how these brain differences lead to personality differences. What is more important: Locke had never seen what actually happens in a world without positive law. Hindsight is always clearer.

And now . . . Back to the Story of the Tenth Amendment

Because George Washington and most members of Congress agreed with Hamilton about the need for a national bank, Hamilton got his way again. Hamilton’s bank did indeed allow the country to recover from years of war, but it remained controversial. Andrew Jackson, the country’s seventh president, dismantled the national bank because he believed it was unconstitutional under the Tenth Amendment. The national bank was reinstated in 1863 to help the North with the Civil War effort. In 1913, the Federal Reserve—the national bank we have today—was established. (In the end, Hamilton won.)

* * *

On December 20, 1860—less than two months after Lincoln was elected—South Carolina declared itself no longer part of the United States. The leaders of South Carolina ordered the U.S. Army to abandon its forts and military bases within South Carolina’s borders. The U.S. Army refused to budge. Within four months, the Civil War broke out. Mississippi, Florida, Alabama, Louisiana, Texas, and Georgia also seceded.

The leaders of the Confederate States of America argued that the Constitution says nothing about whether states have the power to secede or whether the federal government has the power to stop them. Under the Tenth Amendment, any powers not delegated to the federal government are retained by the states. Therefore, they argued that whether to remain part of the United States is up to the states.

Locke’s ideas thus underpinned some of the rationale of the Confederate States of America.

The Civil War ended after the South surrendered, but defeat on the battlefield did not persuade many of the Confederates that they were wrong as a matter of constitutional interpretation. Legal historian Cynthia Nicoletti suggested that the idea of “trial by battle” was inherently problematic. To this day, people believe self-governance means that states should be able to secede if their values cease to align with the nation.

* * *

In 1900, approximately two million children were working in mines, fields, and factories across the United States, often doing hard labor and performing dangerous jobs. As people became aware of the conditions children worked under, activist groups formed to address the problem. In 1908, a group called the  National Child Labor Committee hired a photographer to visit fields, factories, and mines to report on child labor. More people became aware of the problem and pressured Congress to do something about it.

The Constitution gives Congress the power to regulate commerce between the states, so in 1916 — under the power of the commerce clause — Congress passed a law known as the Keating-Owen Child Labor Act, which sought to prevent child labor by banning the sale of any products that were produced by children under the age of fourteen, or by children between fourteen and sixteen who were forced to work more than eight hours per day.

The Supreme Court struck down the Keating-Owen Act as unconstitutional on the grounds that regulating how products were created was reserved by the Tenth Amendment to the states. Specifically, the Court said, “It was not intended as an authority to Congress to control the States in the exercise of their police power over local trade and manufacture, always existing and expressly reserved to them by the Tenth Amendment.”

The idea was that if states wanted to allow child labor, that was up to the states, and the federal government did not have the power to interfere. If people didn’t like it, they could refuse to buy products produced by child labor. Obviously, this was a poor solution. What would prevent the factories from exporting their goods to markets where people didn’t know the goods had been produced by child labor?

Some see the late 19th and early 20th century as a glorious time when industry and the economy boomed. There were almost no federal regulations. Business tycoons could do as they pleased. Tycoons — also called robber barons — grew wealthy. Income inequality widened. There was no minimum wage, no 40 hour workweek, no social security.

You might say that the business tycoons of the late 19th century lived in a state of nature without government. Did they follow natural law and behave rationally? Of course they didn’t. They cheated. Their wealth then gave them power. They monopolized huge industries through the formation of trusts, exploited workers, and engaged in unethical business practices. For example, a group of well-respected investors would agree to buy a lot of a particular company’s stock on a given day. Others would see what they did, assume the stock was valuable, and also buy it, pushing the price higher. When the price was artificially high, the speculators would sell their stock at a large profit. Soon the prices would fall again. The people who had been duped into buying when the price was artificially inflated would lose their money, and the people who duped them would grow wealthy.

Then in 1929 the market crashed, ushering in the Great Depression. Franklin D. Roosevelt believed that the solution to the nation’s financial woes, and the way to prevent future financial crises, was to regulate businesses and commerce to create fairness and protect investors. He ran for president in 1932 promising what he called a New Deal—a series of federal laws designed to get the United States out of the Depression, offer protections for workers, and regulate commerce to stop unfair business practices such as manipulating markets and fixing prices.

After Roosevelt was elected, he and Congress set to work to enact his New Deal.

During Roosevelt’s first several years in office, the Supreme Court repeatedly invalidated the New Deal legislation as unconstitutional under the Tenth Amendment. Then, in 1938, the Court did an about face and stopped invalidating New Deal legislation. Congress tried again to outlaw child labor and, in 1938, passed the Fair Labor Standards Act, which established among other things a minimum working age of sixteen, except in certain industries outside of mining and manufacturing. In a case called United States v. Darby, the Supreme Court held that the new labor laws were constitutional under Congress’s power to regulate commerce between the states. The Supreme Court thus overturned its previous 1918 case that had declared federal child labor laws unconstitutional.

Historians and scholars have offered various reasons for the Supreme Court’s sudden change of mind.  It appears that the Court saw that Roosevelt and the New Deal were exceedingly popular and that Roosevelt was looking for ways to get around the Court, so the Court finally gave in.

The New Deal legislation created numerous federal regulatory agencies including the Securities and Exchange Commission, an independent federal agency designed to protect investors by regulating the sale of financial products such as stocks. Roosevelt signed into law the Public Utility Holding Company Act of 1935, which allowed the government to regulate utilities such as electricity and water to make sure those companies didn’t unfairly raise prices for people who depended on their services. Roosevelt’s 1935 Social Security Act offered a way for workers to pay into a pension so that they would have something to live on in their old age. The nation got a forty-hour workweek and worker protection laws.

Among the most far-reaching of Roosevelt’s programs was the G.I. Bill, formally known as the Servicemen’s Readjustment Act of 1944. It gave soldiers returning from duty the right to a government-paid college education, allowing ten million soldiers over a twelve-year period to attend college, thus helping lower-income families break out of poverty.

The New Deal had its critics. Right-wing activist Elizabeth Dilling denounced the New Deal as a piece of communism. One of the most famous journalists of the era, H.L. Mencken likened Roosevelt actions to a dictatorship. The New Deal critics not only despised the expansion of the federal government, they saw the New Deal as redistributing wealth, which — as they saw the situation — meant taking wealth from the people who expended their labor and were “industrious” and gave it to people who were not. This is the “makers and the takers” argument. The makers, of course, are business owners. Takers are those who accept government assistance.

Indeed, if your view is that, in the natural state, people lived free and happy, and government regulations infringe on liberty (which they do) you will despise the New Deal. You will hate agencies such as the CDC or the FDA. You will resent vaccine mandates because they infringe on your “liberty.” (You won’t consider the liberty of others not to be infected in public places and schools, because Locke’s idea that “each person is free” and the purpose of government is to protect our personal liberty was appealing, but not well thought out. One person’s “freedom” will often infringe on another’s.)

Roosevelt’s New Deal dramatically increased the size and complexity of the federal government and marked the beginning of what has been called the federal administrative state—a vast network of federal departments and regulatory agencies that has grown steadily since Roosevelt’s time.

* * *

While Roosevelt’s legislation helped create America’s first true middle class, the new suburbs were mostly white because of racial segregation.  Among other things, legalized segregation meant that Black Americans found it difficult to get loans from banks, making it impossible for them to buy houses. Some sellers simply refused to sell them homes. Some neighborhoods made it clear that Black people were unwelcome.

Then, in 1954, the Supreme Court sent shock waves through the American South when it declared racial segregation unconstitutional. There was massive resistance on the grounds that the federal government, in telling people how they must live, was overreaching its authority.

A decade later, President Lyndon B. Johnson signed into law three key pieces of legislation: the Civil Rights Act of 1964, the Civil Rights Act of 1965, and the Voting Rights Act of 1965. This legislation further enlarged the size and power of the federal government because they gave the federal government the task of ensuring that all Americans were offered the opportunity to participate in civil and public life. Racial discrimination continued, but it was now illegal, so people who were wronged could bring their cases to federal court.

Those opposed to these new laws argued that the federal government overstepped its authority under the Tenth Amendment. In fact, when the Supreme Court invalidated part of the Voting Rights Act decades later, it did so by finding that the required procedures violated the Tenth Amendment.

The Republican Party’s opposition to the New Deal solidified in the 1930s. During the decades since, the opposition to the New Deal has been steadily gaining power. And here we are. A president — backed by Congress — working to roll back the authority of regulatory agencies.

Most of this material is from Chapter 10 of my new book, Rebels, Robbers, and Radicals. 

And now a moment of reflection on my latest book’s birthday: After so many books (and several decades of writing) I understand that writing books is my way to leave my footprint on the earth. My contribution: Books that go to schools and libraries.

(Not that I am going anywhere. I intend to live forever. But occasionally I suppose we all think about mortality.)

*  *  * (snip)

‘Appeased To Meet You’, and more in Peace & Justice History for 5/21

May 21, 1930
Sarojini Naidu, a renowned Indian poet, was arrested as a leader of the nonviolent “raid” on the Dharasana Salt Works, a salt production facility. She had assumed leadership of the effort to break the salt monopoly after the arrest of Mahatma Gandhi.
She and as many as 2500 filled the local jails for their civil disobedience. Column after column of Indians advanced toward the gates and had been severely beaten by the native police under British direction.

Not one satyagrahi (one who works for justice with courage and sacrifice but without violent force) raised a hand to defend himself; many lost consciousness, and some died.
The British Raj, the ruling colonial authority, controlled all production of salt, a dietary necessity in the tropics; the government taxed it as well. Gandhi decided to focus attention on salt as an example of unfair British oppression in his effort toward national independence for India.
British public opinion was deeply affected by the Dharasana nonviolent movement, which revealed the violence inherent in the British colonial system.


Sarojini Naidu
More on the Dharasana Salt Works The Pinch Heard “Round the World”
May 21, 1956
The United States conducted the first airborne test of an improved hydrogen bomb, dropping it from a B-52 bomber over the tiny island of Namu, part of the Bikini Atoll in the Pacific Ocean. The United States first detonated a hydrogen bomb in 1952 in the Marshall Islands, also in the Pacific. This bomb was far more powerful than those previously tested and was estimated at 15 megatons or larger (one megaton is roughly equivalent to one million tons of TNT). Observers said that the fireball caused by the explosion measured at least four miles in diameter and was “brighter than the light from 500 suns.”
May 21, 1981
The U.S. Senate approved a $20 billion program to return the U.S. to full-scale production of chemical and nerve-gas weapons (CW).
President Reagan’s Special Envoy to the Mideast Donald Rumsfeld meeting Saddam Hussein in 1983. Rumsfeld had become a member of the President’s General Advisory Committee on Arms Control the previous year.
Though the U.S. maintained a public policy opposing chemical weapons, it extended financial and military assistance to Iraq in its war against Iran (1980-88), despite the Iraqi military’s frequent use of such weapons. Iraq had developed its “CW production capability, primarily from Western firms, including possibly a U.S. foreign subsidiary” (from a memorandum to Secretary of State Alexander Haig).
Watch a video on the U.S./Saddam Hussein partnership 

https://www.peacebuttons.info/E-News/peacehistorymay.htm#may21

Clay Jones, and Open Windows

Brain dead pregnant woman is kept on life support by Ann Telnaes

“The decision should have been left to us- not the state”, says her family Read on Substack

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American Cancer by Clay Jones

America has a sickness Read on Substack

The Trump Cancer isn’t new. We got an early prognosis before he even ran in the 2016 presidential election, back when he began his birtherism campaign. He was a cancer before he went into the White House with Putin’s assistance in 2016, he was a cancer during the Biden administration, and he’s a cancer now.

Instead of 86ing this cancer (see what I did there?), nearly half of this nation let it rot and fester. This cancer will do what cancer does if not combated. It will destroy us.

Creative note: I got this idea while drawing my weather cartoon this morning. After yesterday’s Biden/Democrat cartoon, I felt good about it. I even nearly stopped the weather cartoon to do this instead (but I really loved “Old Man Yells at Cloud).

I was finally able to get to the post office today (your print is finally on the way, Greg, and Kathy…I got your check. Thank you), and started drawing this at a coffee shop downtown on Caroline. It didn’t take long to draw, and I colored it at home after taking the Fred Bus.

I didn’t know if this would work when I first thought of it. I didn’t know if the image would be clear. I didn’t know if a tiny Trump in the rump would be clear. But now, I do think it works.

Music note: I listened to Counting Crows, which isn’t a band I’m super crazy about, but Anna Begins reminds me of a past relationship. She talked in her sleep, she changed her mind, she changed my mind, and then she faded away.

Drawn in 30 Seconds: (snip-go see it!)

Shout It From The Rooftops,

also call your US Rep. I did that yesterday, but likely will do it again today. Anyway, tell everyone about this, and thank you!

Peace & Justice History for 5/20

May 20, 1916
Emma Goldman spoke to garment workers in Union Square about the benefits of birth control.


Goldman speaking to a crowd of garment workers about birth control in New York City’s Union Square
Read more about Emma Goldman: Birth Control Pioneer 
May 20, 1961
A mob of 300 white segregationists, with the tacit assent of the local police, attacked a busload of both black and white “Freedom Riders” in Montgomery, Alabama’s bus depot.
Among those beaten was Justice Department official John Seigenthaler who had tried to negotiate their safety.

Freedom Riders challenged racial segregation at Montgomery bus depot.
Attention to the violence forced Attorney General Robert Kennedy to send in U.S. Marshals to protect the Riders. They had been seeking to guarantee equal access to interstate transportation by riding the bus but had been met by violence elsewhere in Alabama as well as South Carolina.
The Freedom Rides discussed NPR’s Fresh Air with Terry Gross
(with transcript)


Robert Kennedy and John Seigenthaler
The Freedom Rider story
50 Years After Their Mug Shots, Portraits of Mississippi’s Freedom Riders 
May 20, 1968
In the first such instance during the Vietnam War, Arlington Street Unitarian-Universalist Church in Boston offered sanctuary to Robert Talmanson and William Chase, both of whom had refused to participate in the war.
Talmanson had been convicted of refusing induction, and Chase had gone AWOL (absent without leave) as an army private after having served nine months at Cam Ranh Bay in Vietnam.
Church leaders had declared theirs a “liberated zone” on the first day of the trial of Dr. Benjamin Spock and four others in federal court for counseling draft resistance. They believed that individuals had a right to decide not to kill as nonviolent persons, most especially in a war they considered unjust.
May 20, 1971
A delegation of U.S. pacifists traveled to Cuba to exchange children’s art.

https://www.peacebuttons.info/E-News/peacehistorymay.htm#may20

So Needed!

with added thanks to MDavis. 💖

These Are a Couple of Worthwhile Reads.

Peace & Justice History for 5/19

May 19, 1934
10,000 participated in a “No More War” march in New York City.
May 19, 1952
Playwright and activist Lillian Hellman advised the U.S. House Committee on Un-American Activities (HUAC) that she refused to testify against friends and associates, saying, “I cannot and will not cut my conscience to fit this year’s fashions.”

Lillian Hellman
Learn more about Lillian Hellman 
Text of her letter to HUAC 
May 19, 1997
Two international human rights workers, Mario Calderón and Elsa Alvarado, as well as her father, were shot dead in Bogotá, Colombia, by a paramilitary gang.
Their one-year-old was hidden and thus spared, her mother wounded. The couple worked for the Center for Investigation and Popular Education (Centro de Investigación y Educación Popular, or CINEP), a non-governmental organization founded by the Jesuits (the Roman Catholic Society of Jesus) to foster education, understanding, justice and sustainable development in Colombia.

Mario Calderón and Elsa Alvarado
CINEP’s peace program 

https://www.peacebuttons.info/E-News/peacehistorymay.htm#may19

Here’s Another LGBTQ+ History Note

We studied the Hays code and its effects on cinema in high school drama class during the film module, but Wendy has more info than we got! Turner Classics ran a day or two of films last year which had ended up withdrawn after the Hays Code; they ran them during Pride. I don’t get that channel anymore, but maybe someone else does and can catch one or more of these gems during Pride. -A Language alert, of course.

Queer History 114: Before The Fucking Hay’s Code, The Golden Era by Wendy🏳️‍⚧️🏳️‍🌈🌈

The Queer Golden Age: LGBTQ+ Representation Before Hollywood’s Great Erasure: The forgotten era when queer characters thrived on screen before censorship killed the party Read on Substack

You think the 1930s was all straight-laced puritanism and sexual repression? Think a-fucking-gain. Before Will Hays and his moral crusaders stormed the gates with their production code in 1934, early Hollywood was a goddamn queer paradise compared to what came after. For a brief, glorious moment in cinematic history—roughly 1927 to 1934, known as the “Pre-Code era”—American films featured openly gay characters, gender-bending performances, same-sex kisses, drag performances, and discussions of homosexuality that wouldn’t be seen again until decades later. This wasn’t some underground cinema movement either—this was mainstream Hollywood, baby, playing in theaters across America to audiences who apparently weren’t clutching their pearls nearly as hard as history would have us believe.

Hays Code: The Most Important Pre-Code Hollywood Movies, Ranked

Let me be crystal clear about something: the systematic LGBTQ+ erasure caused by the Hays Code didn’t correct some temporary deviation from the norm. It violently interrupted what was becoming a remarkably progressive trajectory in early cinema. The Code didn’t “restore morality”—it fucking killed the natural evolution of queer representation just as it was beginning to flourish. And that makes the story of Pre-Code Hollywood’s queer characters and themes not just interesting cinema history, but a painful reminder of what might have been if censorship hadn’t set LGBTQ+ representation back by half a century.

The Wild Fucking West of Early Cinema

The early days of Hollywood—particularly the silent era and the first years of sound—operated like an artistic Wild West. With few formal regulations and before conservative religious groups had mobilized their substantial political power against the film industry, filmmakers explored themes, characters, and stories that would soon be ruthlessly purged from American screens.

“Early Hollywood was far more sexually progressive than most people realize,” explains film historian Clara Rodriguez. “There was no central censoring authority with real teeth until the Hays Code enforcement in 1934, which meant filmmakers were relatively free to explore topics that would later become forbidden.”

This freedom allowed for a surprising amount of LGBTQ+ representation, often done with remarkable frankness for the era. Silent films like “Algie the Miner” (1912) featured sissy characters played for laughs but not necessarily contempt. “Manslaughter” (1922) included a lesbian party scene with women in tuxedos dancing together. “Wings” (1927)—which won the first Academy Award for Best Picture—contained a scene where two male fight-

Censorship & Its Discontents: Hollywood's Amazing Pre-Code Era | Austin Film  Society

er pilots share a kiss that’s played not for laughs but for genuine emotion.

When sound arrived in 1927, rather than becoming more conservative, Hollywood initially pushed boundaries even further. The pre-Code talkies of 1929-1934 featured not just coded queer characters but explicitly gay, lesbian, and gender-nonconforming figures who weren’t always punished for their identities.

The Gender-Bending Superstars Who Didn’t Hide

Marlene Dietrich wasn’t just flirting with gender boundaries—she was taking a fucking sledgehammer to them. In “Morocco” (1930), Dietrich performs in a man’s tuxedo, kisses a woman full on the lips, and portrays a character with explicitly fluid sexuality. This wasn’t hidden or coded—it was right there on the mainstream screen, and audiences ate it up. Dietrich’s gender-bending performances made her more popular, not less.

“Dietrich in a tuxedo kissing a woman wasn’t scandalized—it was eroticized and celebrated,” notes film scholar B.D. Grant. “She won an Academy Award nomination for ‘Morocco.’ This wasn’t career suicide; it was career-defining.”

Dietrich wasn’t alone. Greta Garbo played a cross-dressing queen in “Queen Christina” (1933), in which her character openly discusses her disinterest in marriage and her preference for dressing in men’s clothing. The film strongly implies Christina’s romantic feelings for her lady-in-waiting. Again, this wasn’t some art-house curiosity—it was a major MGM production starring one of the biggest names in Hollywood.

Pre-Code Hollywood - The Bold Era Of Uncensored Hollywood

Mae West built her entire early film career on sexual innuendo and characters who openly acknowledged and enjoyed sex outside marriage. In “She Done Him Wrong” (1933), West’s character flirts with a woman, suggesting she might “be able to do something” with her, a line delivered with unmistakable sexual undertones.

These weren’t bit parts or villains—these were the fucking stars, the box office draws, the roles that made careers rather than ending them.

Explicitly Queer Spaces and Characters On Screen

One of the most jaw-dropping aspects of pre-Code cinema is how openly it depicted queer spaces and communities. “Call Her Savage” (1932) features what may be the first gay bar depicted in American cinema, complete with effeminate male performers singing to tables of men clearly coded as gay. This scene isn’t brief or hidden—it’s an extended sequence in a major Fox Film production starring Clara Bow, the “It Girl” herself.

LiberacesRolodex

“Our Betters” (1933) features an openly gay character referred to as the “fairy designer” who speaks with a lisp and displays stereotypically effeminate mannerisms—problematic by today’s standards, certainly, but remarkable for presenting a gay character whose sexuality is acknowledged rather than punished.

“Sailor’s Luck” (1933) includes a landlady who is clearly coded as lesbian and whose sexuality is treated as unremarkable by the other characters. “Wonder Bar” (1934) features a brief scene where two men are dancing together, and when a woman tries to cut in, one man says, “No, I think you’re barking up the wrong tree”—an explicit acknowledgment of homosexuality

“Hell’s Highway” (1932) includes a fairly sympathetic portrayal of an effeminate prisoner called “Sneeze,” while “This Is the Night” (1932) features a fashion designer character who is flamboyantly gay and, remarkably for the time, not portrayed as villainous.

Sailor's Luck (1933) | MUBI

“These weren’t just quick scenes that censors missed,” explains film historian Parker Tyler. “These were deliberate inclusions that suggest filmmakers and studios understood there was an audience for these representations.”

The Trans Pioneering You Never Knew About

Perhaps most surprising to modern viewers is pre-Code Hollywood’s exploration of transgender themes. While the language and understanding of transgender identity was different in the 1930s, several films explored gender transition and identity in ways that were remarkably forward-thinking.

“Viktor und Viktoria” (1933), a German film that played in American art houses, centered on a woman living as a man who performs as a female impersonator—a complex exploration of gender performance that wouldn’t be attempted again in mainstream cinema for decades.

The American film “Sylvia Scarlett” (1935), released just as the Code was tightening its grip, stars Katharine Hepburn as a woman who lives as a man through much of the film. While ostensibly she does this for practical rather than identity reasons, the film explores her comfort in male identity and the romantic complications that arise when she develops feelings for a man while presenting as male.

Sylvia Scarlett. 1935. Directed by George Cukor | MoMA

“These weren’t just cross-dressing comedies,” argues transgender film historian Susan Stryker. “They were genuine explorations of gender identity that asked questions about how clothing and presentation relate to our inner sense of self. For the 1930s, that’s fucking revolutionary.”

Sex, Violence, and the Moral Panic That Killed Queer Cinema

It wasn’t just LGBTQ+ content that thrived in pre-Code Hollywood. Films openly depicted adultery, prostitution, drug use, and violence in ways that would be forbidden for decades after. Women’s sexuality was portrayed with remarkable frankness, with female characters who openly desired and pursued sex outside of marriage without necessarily being punished for it.

“Baby Face” (1933) stars Barbara Stanwyck as a woman who explicitly sleeps her way to the top of a corporation, floor by floor. “Red-Headed Woman” (1932) features Jean Harlow as an unrepentant home-wrecker who faces no significant consequences for her actions. “Safe in Hell” (1931) centers on a prostitute on the run after killing her abusive client.

This sexual frankness extended to the depiction of gay and lesbian characters, who were often presented as part of this sexually liberated landscape rather than as cautionary tales or villains.

“The overall sexual openness of pre-Code films created space for queer characters to exist without automatic condemnation,” explains film scholar Molly Haskell. “When straight sexuality isn’t being repressed on screen, queer sexuality doesn’t stand out as dramatically different.”

This openness eventually triggered a massive backlash from religious groups, particularly the Catholic Legion of Decency, which threatened boycotts of “immoral” films. Studio heads, terrified of losing audience dollars during the Great Depression, capitulated to these demands by agreeing to strict enforcement of the Production Code starting in July 1934.

“The moral panic wasn’t organic—it was orchestrated,” argues media historian Kathryn Fuller-Seeley. “Conservative religious groups deliberately framed Hollywood as a corrupting influence, and studios chose profit over artistic freedom.”

The Great Erasure Begins

Once the Hays Code enforcement kicked in during 1934, the change was dramatic and immediate. Films in production had scenes cut, storylines altered, and dialogue changed. Characters who might have been openly gay were either eliminated entirely or transformed into heterosexual figures.

The original script for “The Thin Man” (1934) contained clearly gay characters who were either cut or de-gayified before filming. “Dracula’s Daughter” (1936) had its lesbian overtones significantly watered down from the original script. Projects with prominent LGBTQ+ themes were canceled entirely or morphed beyond recognition.

“It was a systematic purge,” says film preservationist Robert Gitt. “Studios went through their own back catalogs and many pre-Code films were literally locked away in vaults, deemed too risqué for re-release under the new standards.”

This erasure didn’t just affect new productions—it altered our cultural memory of what early cinema had been. As pre-Code films were withdrawn from circulation, later generations grew up believing that early Hollywood had always been sexually conservative, when the exact opposite was true.

What We Lost: The Alternative Timeline of American Film

Perhaps the most tragic aspect of the Code’s implementation is contemplating what might have happened if this early progressive trajectory had been allowed to continue. If Hollywood hadn’t been forced into 30+ years of censorship right as it was beginning to explore LGBTQ+ themes with relative openness, how might American attitudes have evolved differently?

“The timing couldn’t have been worse,” laments film historian Thomas Doherty. “Sound technology had matured, allowing for more complex storytelling. The Depression had created an appetite for films that addressed social realities frankly. Studio systems were at their creative peak. And then—boom—the Code slammed the door shut, particularly on queer representation.”

If LGBTQ+ characters had remained visible in mainstream cinema throughout the 1930s, 40s, and 50s, how might that have changed public perception? Would the lavender scare of the McCarthy era have gained the same traction? Would the gay rights movement have had to start from scratch in the late 1960s?

“We’re still living with the consequences of that erasure,” argues activist and film historian Jenni Olson. “The Code didn’t just remove queer people from films—it removed them from the public’s understanding of American life. It created a false narrative that LGBTQ+ people suddenly ‘appeared’ in the 1960s rather than having always been part of the social fabric.”

Subversive Survival: How Queer Cinema Went Underground

When the Code slammed the door on explicit representation, filmmakers didn’t entirely give up—they just got sneakier. The era of “queer coding” began, with characters who couldn’t be explicitly identified as LGBTQ+ but who conveyed their queerness through mannerisms, costuming, interests, and subtle dialogue.

“Suddenly, filmmakers had to learn the art of the double entendre,” explains film critic Drew Casper. “They developed a sophisticated visual and verbal language that straight audiences might miss but that queer viewers would recognize.”

Alfred Hitchcock became a master of slipping queer-coded characters past the censors. The villains in “Rope” (1948) are clearly coded as a gay couple. “Strangers on a Train” (1951) features an antagonist whose queerness is conveyed through his style, mannerisms, and obsession with the protagonist.

“Ben-Hur” (1959) screenwriter Gore Vidal has revealed that he and Stephen Boyd (who played Messala) agreed that their character’s relationship had a romantic history, but never told Charlton Heston, creating a homoerotic subtext that the censors missed completely.

These coded representations were a double-edged sword. They provided some visibility, however limited, but they also established the harmful pattern of associating queerness with villainy, mental instability, or tragedy—tropes that outlived the Code itself.

The Forgotten Drag Kings and Queens of Early Film

Another fascinating aspect of pre-Code cinema was its relative comfort with drag and gender play. While often played for comedy, these performances weren’t always mean-spirited or contemptuous.

Julian Eltinge was one of the most famous female impersonators of the early 20th century and appeared in several silent and early sound films, including “The Isle of Love” (1922) and “Maid to Order” (1931). Rather than being portrayed as deviant, Eltinge was celebrated for his artistry and precision in female impersonation.

On the flip side, stars like Marlene Dietrich frequently performed in male dress without it being treated as scandalous or perverse. When Dietrich wore a tuxedo in “Morocco,” it was presented as the height of sophisticated sexiness, not as a joke or a perversion.

“Early film had a more fluid relationship with gender performance,” explains historian Judith Weisenfeld. “Drag wasn’t necessarily seen through the lens of sexual deviance until conservative forces deliberately constructed that association.”

This comfort with gender play extended beyond star performances. Films like “Their First Mistake” (1932) with Laurel and Hardy include casual cross-dressing played for laughs but not disgust. “The Warrior’s Husband” (1933) features Katharine Hepburn as a spear-carrying, athletic Amazon who kisses another woman on the lips.

After the Code, drag would be permitted only under very specific circumstances: if it was a temporary disguise used for practical purposes (like “Some Like It Hot”), if it was played entirely for laughs, or if it was eventually punished or “corrected” within the narrative.

The Queer Actors Who Couldn’t Be Themselves On Screen

The tightening grip of the Hays Code didn’t just affect fictional characters—it had profound implications for queer actors in Hollywood. Before the Code’s strict enforcement, there existed a certain “don’t ask, don’t tell” approach to actors’ personal lives. While few stars were openly gay, many lived in what were known as “lavender marriages” (marriages of convenience between gay men and lesbian women) or maintained relatively open secret lives within Hollywood circles.

William Haines, one of MGM’s top stars of the late 1920s and early 1930s, refused to hide his relationship with his partner Jimmy Shields. When Louis B. Mayer demanded Haines get married to a woman for appearances, Haines chose to end his film career rather than deny his relationship. Before the Code’s enforcement, his career had flourished despite industry insiders knowing about his sexuality. After 1934, that became impossible.

“The Code created a culture of terror for queer actors,” says historian William Mann. “Not only could they not play gay characters on screen, but their personal lives became subject to extreme scrutiny and control. The studios developed complex systems to hide actors’ sexualities, including arranged dates, fake engagements, and forced marriages.”

Actors like Cary Grant, Randolph Scott, Katharine Hepburn, Marlene Dietrich, and dozens of others had their queer relationships erased from public view. Studio publicity departments crafted heterosexual narratives for stars regardless of their actual lives.

“It was a double erasure,” explains Mann. “Queer characters disappeared from screens at the same time that queer actors were forced deeper into closets.”

The Birth of Camp: Rebellion Through Exaggeration

One of the most fascinating responses to the Hays Code was the development of camp as an aesthetic strategy. Unable to show explicit homosexuality, some filmmakers turned to exaggerated femininity, over-the-top performances, and stylistic excess as a form of coded representation.

“All About Eve” (1950) is filled with dialogue and performances that play as camp, particularly the character of Addison DeWitt. Films starring stars like Bette Davis, Joan Crawford, and later performers like Judy Garland and Liza Minnelli became touchstones for gay audiences precisely because they deployed camp as a strategy to communicate queerness without naming it.

“Camp became a survival strategy,” explains cultural theorist David Bergman. “If you couldn’t be explicit, you could be excessive. And that excess created spaces within mainstream culture where queer sensibilities could find expression despite censorship.”

This strategy created a peculiar cultural phenomenon: films that seemingly conformed to heteronormative standards while simultaneously winking at queer audiences who could read between the lines. “Johnny Guitar” (1954), with its intense rivalry/attraction between Joan Crawford and Mercedes McCambridge, became a lesbian cult classic despite containing no explicit lesbian content.

The International Contrast: European Cinema Kept Queer Characters Alive

While American cinema was forced into a heterosexual straitjacket, European filmmaking continued to explore LGBTQ+ themes with greater freedom. Films like “Mädchen in Uniform” (1931, Germany) depicted lesbian attraction between a student and teacher with remarkable sensitivity. “Michael” (1924, German) portrayed a gay relationship between an artist and his model.

Even after the rise of fascism curtailed some of this exploration in Germany and Italy, other European countries continued producing films with queer content. French cinema, in particular, maintained a more open approach to sexuality, with films like “Club des femmes” (1936) and later “Les enfants terribles” (1950) exploring same-sex desire.

“The contrast between American and European cinema during this period is stark,” notes film historian Patricia White. “While Hollywood was systematically erasing queer people, European filmmakers were continuing the exploration that American pre-Code cinema had begun.”

This international contrast created a bizarre situation where sophisticated American audiences might see European films featuring LGBTQ+ characters at art house theaters while mainstream Hollywood productions remained rigidly heteronormative.

The Painful Path Back: How We Slowly Recovered What Was Lost

When the Hays Code finally collapsed in 1968, replaced by the MPAA rating system, LGBTQ+ representation didn’t immediately bounce back to pre-Code levels. The damage had been done. Generations of filmmakers had been trained under the Code’s restrictions, and audiences had been conditioned to expect certain narratives.

The first post-Code films to feature gay characters, like “The Boys in the Band” (1970), often reinforced negative stereotypes of gay men as self-loathing and miserable. Lesbian characters remained primarily predatory or tragically doomed. Trans characters were portrayed as psychotic (as in “Psycho”) or as jokes.

“The legacy of the Code outlived its formal existence by decades,” argues film critic K. Austin Collins. “When you spend more than 30 years teaching filmmakers and audiences that queer people can only exist as villains, victims, or jokes, that doesn’t disappear overnight.”

It would take until the 1990s and early 2000s for mainstream American cinema to begin approaching the relative openness toward LGBTQ+ themes that had existed in pre-Code films of the early 1930s. Even today, certain types of queer representation remain controversial or limited in mainstream cinema.

“It’s mind-blowing to think that in some ways, films from 90 years ago were more progressive about LGBTQ+ representation than many films made in the last 20 years,” notes film preservationist Kassandra Harris. “We’re still catching up to where we could have been if the Code hadn’t interrupted the natural evolution of film.”

The Queer Archaeology Project: Rediscovering What Was Buried

One of the most exciting developments in recent film history has been the rediscovery and restoration of pre-Code films, many of which had been effectively buried for decades. Organizations like the UCLA Film & Television Archive, the Library of Congress, and the Queer Film Heritage Project have been working to restore these films and bring them back into public view.

“It’s like conducting archaeology,” explains film preservationist Dave Kehr. “We’re digging up evidence of a queer cinematic past that most people don’t realize existed.”

These restoration efforts have revealed just how extensive and explicit queer representation was in early cinema. Films that had been dismissed as minor or forgotten have been rediscovered as containing important LGBTQ+ content. Silent films once thought lost have been found in archives around the world, some containing surprising depictions of same-sex desire or gender nonconformity.

Turner Classic Movies, streaming services, and specialized distributors like Kino Lorber have begun making these restored pre-Code films available to contemporary audiences, allowing modern viewers to see for themselves how the Hays Code didn’t “maintain standards” but rather reversed an emerging progressive trend.

“When people actually see these films, they’re shocked,” says film historian David Pierce. “They’ve been told that old movies were naive and sexless, especially regarding LGBTQ+ themes. Seeing the reality challenges everything they thought they knew about film history and American cultural attitudes.”

Why This Forgotten History Still Fucking Matters

Understanding pre-Code cinema’s relative openness to LGBTQ+ themes isn’t just about correcting the historical record—it’s directly relevant to contemporary battles over representation. When conservatives claim that LGBTQ+ visibility in media is a recent “trend” or “agenda,” they’re erasing the fact that queer people have always been part of American culture and its artistic expressions.

The history of pre-Code cinema demonstrates that the systematic removal of LGBTQ+ people from American screens wasn’t an accident or a reflection of audience preferences—it was a deliberate act of cultural censorship driven by religious pressure groups and institutionalized through industry self-regulation.

“When people try to remove LGBTQ+ books from libraries or pressure streaming services to reduce queer content in children’s programming, they’re reading directly from the Hays Code playbook,” argues media scholar Melinda Hsu. “It’s the same moral panic, the same rhetoric, and the same goal: making queer people invisible.”

The pre-Code era stands as proof that American audiences were perfectly capable of accepting LGBTQ+ characters and themes until they were told not to. Films featuring gay characters, lesbian kisses, or gender-bending performances were commercially successful and critically acclaimed before censorship artificially constrained what could be shown.

“The most powerful weapon against those who want to erase LGBTQ+ people from media today is showing that we were there from the beginning,” concludes film historian B. Ruby Rich. “We weren’t added to American cinema—we were forcibly removed from it. And every push for representation since has been an attempt to reclaim what was taken from us.”

References

  1. Russo, V. (1987). The Celluloid Closet: Homosexuality in the Movies.
  2. Barrios, R. (2003). Screened Out: Playing Gay in Hollywood from Edison to Stonewall.
  3. Mann, W. J. (2001). Behind the Screen: How Gays and Lesbians Shaped Hollywood, 1910-1969.
  4. Doherty, T. (1999). Pre-Code Hollywood: Sex, Immorality, and Insurrection in American Cinema, 1930-1934.
  5. Vieira, M. A. (1999). Sin in Soft Focus: Pre-Code Hollywood.
  6. Lugowski, D. M. (2007). “Queering the (New) Deal: Lesbian and Gay Representation and the Depression-Era Cultural Politics of Hollywood’s Production Code.” Cinema Journal.
  7. White, P. (1999). Uninvited: Classical Hollywood Cinema and Lesbian Representability.
  8. Horak, L. (2016). Girls Will Be Boys: Cross-Dressed Women, Lesbians, and American Cinema, 1908-1934.
  9. Stryker, S. (2008). Transgender History: The Roots of Today’s Revolution.

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