Background and writing Prior to writing
The Demi-Virgin, Hopwood was a well-established author of bedroom comedies. His past efforts in the genre included
Fair and Warmer, produced by
Edgar Selwyn in 1915, and
The Gold Diggers, produced by
David Belasco in 1919. Producer Albert H. Woods had an even longer track record in the genre, starting with ''
The Girl from Rector's in 1909. Such material had been very profitable for Woods, who commissioned originals and adapted foreign farces, and for Hopwood, who was one of the most successful authors in the genre. Their first work together was The Girl in the Limousine in 1919, which Hopwood revised from an earlier script by Wilson Collison. Hopwood then helped revise Ladies' Night in 1920 and Getting Gertie's Garter
in 1921. The Demi-Virgin'' was Hopwood's first play written for Woods without a collaborator. Hopwood was inspired by an earlier theatrical adaptation of
Les Demi-vierges, an 1894 novel by the French writer
Marcel Prévost that had been dramatized in 1895, but used little from it beyond the title. Hopwood's completion of
The Demi-Virgin coincided with a scandal involving Hollywood actor
Fatty Arbuckle, who was accused of
manslaughter after the death of a young actress,
Virginia Rappe, happened at one of his parties (Arbuckle was widely seen as innocent, and was eventually acquitted). Although the play was largely written before the scandal broke, Hopwood incorporated references to Arbuckle in the first produced version of the script, through a character called "Fatty Belden". These references were toned down after
preview audiences reacted poorly, and the character was renamed "Chicky Belden".
Broadway production and legal problems ruled the play was obscene. Prior to its Broadway debut, preview performances of the play were staged in several cities. The first was in
Pittsburgh, where it began a scheduled one-week run on September 26, 1921. It was closed early on the last day by the local Director of Public Safety, who objected to some of the dialogue. Hopwood was upset by the censorship, but Woods was happy to have free publicity from press coverage of the closure. The tryouts then moved to
Stamford, Connecticut and
Atlantic City, New Jersey, where they proceeded without incident. On November 3, 1921, Woods and Hopwood were called to the chambers of
William McAdoo, the
Chief Magistrate of the New York City magistrates' court, to respond to complaints about the play. Woods would not make any changes to address the complaints, so a formal hearing began on November 7. Woods was represented by famed attorney
Max Steuer, who was also a co-owner of the Eltinge Theatre. The witnesses against the show included
John S. Sumner, executive secretary of the
New York Society for the Suppression of Vice, and Edward J. McGuire, vice-chairman of the
Committee of Fourteen. On November 14, McAdoo ruled that the play was obscene, describing it as "coarsely indecent, flagrantly and suggestively immoral, impure in word and action". Woods was placed on
bail, and the case was referred to the
Court of Special Sessions for a
misdemeanor charge of staging an obscene exhibition. Woods successfully requested that the case be transferred to the Court of General Sessions, which provided
jury trials and required an
indictment by a
grand jury. He was accused of violating section 1140a of the New York state penal law, which prohibited involvement in "any obscene, indecent, immoral or impure drama, play, exhibition, show or entertainment". The grand jury heard the case on December 23, 1921, but dismissed it that same day, even though they had heard only witnesses favoring the prosecution. As the obscenity case proceeded, the city's Commissioner of Licenses, John Gilchrist, informed Woods on November 22 that he found the play "indecent and subversive of public morals" and would revoke the theater's operating license if the production continued. Gilchrist's effort failed when a
New York state appeals court ruled on February 20, 1922, that he did not have the legal authority to revoke a theater license once it had been granted. After the Broadway production ended on June 3, 1922, Woods launched four road companies to present the play in other cities. The tour continued through 1923, with productions in cities such as Albany, Chicago, Los Angeles, Philadelphia, and Washington. ==Reception==