The Garden of Eden (film)
"The Garden of Eden" is a film that faced significant controversy regarding its content, particularly due to its portrayal of individuals living in a nudist colony. The New York State censorship board deemed the film "indecent," prohibiting its public screening unless certain scenes were removed. However, this classification of "indecent" was challenged in the New York Court of Appeals, which found the term overly broad for purposes of censorship. Judge Charles S. Desmond ruled that, since the film did not depict sexual immorality, it could not be categorized as obscene. This decision referenced the U.S. Supreme Court's previous rulings on obscenity, affirming that the film did not violate any legal standards concerning nudity. Ultimately, "The Garden of Eden" serves as an example of the complex interplay between film content, public perception, and legal definitions of obscenity and decency. The film's legacy reflects attitudes toward nudity and freedom of expression during its time of release.
Subject Terms
The Garden of Eden (film)
Type of work: Film
Released: 1957
Director: Max Nosseck (1902-1972)
Subject matter: A widow rescued by nudists discovers a new and welcome way of life in their colony
Significance: More of a documentary than a drama, this film helped to create a more acceptable legal atmosphere for nudity
After the New York State censorship board screened The Garden of Eden, it labeled the film’s contents to be “indecent” for public viewing and ordered that the film not be shown unless the scenes displaying residents of the nudist colony were deleted. The word “indecent” was disputed when the film was reviewed by the New York Court of Appeals, which ruled that the term was too broad for censorship purposes. In his decision, Judge Charles S. Desmond wrote that because the film contained no scenes depicting sexual immorality it could not be labeled obscene. In making his determination the judge read the court the findings of the U.S. Supreme Court in the 1952 case of The Miracle which referred to the description of obscenity under the First and Fourteenth amendments. As stipulated a film had to be obscene in a “traditional, historic sense of the term,” which The Garden of Eden was not. In addition the court concluded that the film had not violated any part of the state’s penal code on nudity because it had not glorified any criminal act.