In the 1950s the portrayal of a black man in a position of authority and a discussion of racism in a comic was at the center of a battle between Entertaining Comics editor William Gaines and the Comics Code Authority, which had been set up in 1954 to self regulate the content of US comics amid fears they were a corrupting influence on youth. Gaines fought frequently with the CCA in an attempt to keep his magazines free from censorship. The particular example noted by comics historian Digby Diehl, Gaines threatened Judge Charles Murphy, the Comics Code Administrator, with a lawsuit when Murphy ordered EC to alter the science-fiction story "Judgment Day", in Incredible Science Fiction No. 33 (Feb. 1956). The story, by writer Al Feldstein and artist Joe Orlando, was a reprint from the pre-Code Weird Fantasy No. 18 (April 1953), inserted when the Code Authority had rejected an initial, original story, "An Eye For an Eye", drawn by Angelo Torres but was itself also "objected to" because of "the central character being black."
The story depicted a human astronaut, a representative of the Galactic Republic, visiting the planet Cybrinia inhabited by robots. He finds the robots divided into functionally identical orange and blue races, one of which has fewer rights and privileges than the other. The astronaut decides that due to the robots' bigotry, the Galactic Republic should not admit the planet. In the final panel, he removes his helmet, revealing himself to be a black man. Murphy demanded, without any authority in the Code, that the black astronaut had to be removed. As Diehl recounted in Tales from the Crypt: The Official Archives:
This really made 'em go bananas in the Code czar's office. 'Judge Murphy was off his nut. He was really out to get us', recalls [EC editor] Feldstein. 'I went in there with this story and Murphy says, "It can't be a Black man". But ... but that's the whole point of the story!' Feldstein sputtered. When Murphy continued to insist that the Black man had to go, Feldstein put it on the line. 'Listen', he told Murphy, 'you've been riding us and making it impossible to put out anything at all because you guys just want us out of business'. [Feldstein] reported the results of his audience with the czar to Gaines, who was furious [and] immediately picked up the phone and called Murphy. 'This is ridiculous!' he bellowed. 'I'm going to call a press conference on this. You have no grounds, no basis, to do this. I'll sue you'. Murphy made what he surely thought was a gracious concession. 'All right. Just take off the beads of sweat'. At that, Gaines and Feldstein both went ballistic. 'F**k you!' they shouted into the telephone in unison. Murphy hung up on them, but the story ran in its original form.
Feldstein, interviewed for the book Tales of Terror: The EC Companion, reiterated his recollection of Murphy making the request:
So he said it can't be a Black [person]. So I said, 'For God's sakes, Judge Murphy, that's the whole point of the Goddamn story!' So he said, 'No, it can't be a Black'. Bill [Gaines] just called him up [later] and raised the roof, and finally they said, 'Well, you gotta take the perspiration off'. I had the stars glistening in the perspiration on his Black skin. Bill said, 'F**k you', and he hung up.
Although the story would eventually be reprinted uncensored, the incident caused Gaines to abandon comic books and concentrate on Mad magazine, which was EC's only profitable title.
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