In 2020, The Academy released new guidelines for films to meet the criteria to be eligible for Best Picture. These guidelines will finally go into effect this year and were designed to increase diversity and representation on the big screen and behind the scenes.
To meet the on-screen standards, a film must meet one of these three criteria: at least one lead actor or significant supporting is from an underrepresented racial or ethnic group, 30% or more of the minor acting roles are from two of the four underrepresented groups, or the movie’s storyline centers on an underrepresented group. These underrepresented groups are women, a racial or ethnic group, the LGBTQ+ community, or people with disabilities.
Other standards include meeting diversity and representation thresholds in the film’s creative leadership and crew composition, providing paid internships, apprenticeships, and training opportunities for below-the-line workers, and finally, addressing representation in the film’s marketing, publicity, and distribution teams. As a result of these new guidelines, we’re taking a walk down memory lane to figure out which Oscar winners we believe would be out of the race if they were nominated today.
1. Green Book (2018)
Green Book arrived at the awards ceremony amidst skepticism. Directed by Peter Farrelly, it depicted the true story of a black jazz pianist, Frank Shirley, and his journey through the racially tense Deep South accompanied by a white bodyguard. Despite its narrative of transformation and progressive racial politics (though you could argue it promotes color blindness, something that progressives often reject as minimizing the importance of skin color), audiences criticized it as another instance of Hollywood’s “white savior” trope. Late Night host Seth Meyers parodied its themes in the sketch White Savior: The Movie, a satirical Green Book trailer.
Shirley’s family also objected, with his brother Maurice denouncing the film as a “symphony of lies.” Despite the mockery and widespread condemnation of the film, it appealed to critics and average moviegoers who plugged into the discourse. In 2019, it earned five Oscar nominations and three wins, including Best Supporting Actor, Best Original Screenplay, and Best Picture. However, a lot has changed in just five years, especially racial consciousness in the context of America or people who are terminally online. Films that can be interpreted as white savior stories or promote the once-coveted colorblindness ideology are seen as old-fashioned films that set back race relations despite the diversity onscreen.
2. Argo (2012)
Over the years, Ben Affleck has earned a palpable respect for his transition from acting to directing. His directorial debut was in 2007 with Gone Baby Gone, starring his brother Casey Affleck, which earned one Oscar nomination. Fast forward a few years, and Affleck was not only directing but also starring in his adaptation of the 1999 memoir The Master of Disguise, written by American CIA operative Tony Mendez, as well as a 2007 Wired article titled The Great Escape: How the C.I.A. Used a Fake Sci-Fi Flick to Rescue Americans from Tehran.
Once again earning Oscar buzz, widespread praise, and high ratings, Argo received seven Academy Award nominations and four wins, including Best Picture. While it was another impressive display of Affleck’s directorial knack, it no longer meets eligibility for Best Picture. The new eligibility requirements dictate that at least 30% of the film’s minor actors must be from two of four underrepresented groups: women, a racial or ethnic minority, the LGBTQ+ community, or disabled people. Since Argo is overwhelmingly a cast of straight white males (given that it’s based on true accounts of real people), Argo‘s Oscar hopes would be crushed in 2024.
3. Crash (2004)
Paul Haggis’ film interweaves stories from various residents of Los Angeles whose lives become intertwined through car accidents, but more broadly, through a story about race, loss, and redemption. The film reflected on the complexities of race relations in America by attempting to dive into the moral complexities of imperfect people displaying racist attitudes at times and heroic courage at others.
Featuring a cast of acclaimed actors like Sandra Bullock, Don Cheadle, Thandiwe Newton, Matt Dillon, Brendan Fraser, and Terrence Howard, it received initial praise from critics. Over time, however, Crash faced harsh criticism for its simplistic portrayal of racial stereotypes, overly dramatic scenes, a barrage of new actors, and excessive storylines. Its nonlinear plot was an attempt at being inventive and engaging, but instead, it became more of a crutch in its storytelling device.
Haggis himself admitted that it might not have deserved the Best Picture award, especially considering it triumphed over fan favorite Brokeback Mountain. This led many to consider it one of the weakest films to win the prestigious title, with many critics considering it one of the worst Best Picture winners of all time. In light of the new Oscar eligibility guidelines, Brokeback Mountain (a love story about two closeted gay cowboys) would likely emerge victorious over Crash if the ceremony were held with the same contenders today, despite Crash‘s attempt to tell a story about race featuring a diverse cast.
4. American Beauty (1999)
American Beauty remains a top-rated film on IMDb, coming in at #72. In 2000, the 1999 film was nominated for eight Oscars and won five, emerging as the coveted Best Picture winner over films like The Green Mile and The Sixth Sense. The film centers on the Burnhams, a dysfunctional suburban family whose patriarch suffers from a mid-life crisis. Amid his sexual frustration, he becomes infatuated with his teenage daughter’s best friend, Angela, and has frequent sexual fantasies about her.
There’s a joke in there somewhere about Kevin Spacey winning the Best Actor award for this role of all roles, considering the predatory sexual assault allegations that have come out against him in recent years and derailed his career. While the film criticizes the rot at the heart of the American Dream, it hasn’t aged well in a post #MeToo Hollywood, especially considering its casting choices. Regardless of the quality and insight underlying the film, it would not cut today thanks to its lack of diversity and problematic subject matter in a Hollywood that has much more extensive sensibilities concerning sexual predation.
5. The Silence of the Lambs (1991)
Jonathan Demme’s gripping thriller about a sophisticated serial killer, portrayed by Anthony Hopkins and a novice F.B.I. agent played by Jodie Foster, was one of the most captivating and unsettling films of the 90s. The Silence of the Lambs significantly departed from traditional horror film stereotypes. Its groundbreaking success at the Academy Awards broke barriers for the genre, typically dismissed as sensationalistic or formulaic. It is one of only six horror movies ever to receive a nomination for Best Picture and has emerged as the singular winner in the Academy Awards history. If you want to be pedantic, you could argue that it’s technically only a thriller and not an actual horror film, but I digress.
While the film remains compelling overall, one aspect has drawn criticism: the portrayal of James “Buffalo Bill” Gumb, played by Ted Levine. Despite Demme’s clarification that the character wasn’t intended to represent a transgender or gay individual, but instead obsessed with escaping himself and merely used transvestism as a symbolic expression of metamorphosis.
Some now view Gumb’s depiction of Buffalo Bill, a man who cross-dresses and removes women’s flesh to wear as a suit, as contributing to harmful stereotypes against trans people or, at the very least, representing a negative representation of trans people. Whether the criticism is warranted or not, the lack of diversity in The Silence of the Lambs, coupled with its perceived problematic depiction of the LGBTQ+ community, would bar it from entry in 2024 in the wake of the drastically changing social attitudes of the past 33 years.
6. Rain Man (1988)
Tom Cruise and Dustin Hoffman shared the screen in this drama, which brought attention to autism and “savant syndrome.” Hoffman’s character, Charlie Babbitt, was institutionalized due to these conditions until his self-centered brother (Cruise) freed him in hopes of financial gain after learning his estranged father had left him his fortune. The movie received mostly positive reviews during its release — a time when portraying a severely disabled and hyper-intelligent caricature of an autistic person was Oscar bait.
Upon further re-examination over the following decades, however, it faced backlash for its portrayal of autism and casting (as well as bestowing with awards) a non-disabled actor to depict a character with cognitive disabilities. This criticism was humorously referenced by Robert Downey Jr.’s character in the 2008 satire Tropic Thunder. Combining the aversion to the depiction of autism by a neurotypical actor and the push for films to be more inclusive of the communities they purport to represent, it is highly doubtful that Rain Man could earn a Best Picture nomination, let alone a win in this era of filmmaking.
7. Spotlight (2015)
Spotlight retold the true story of how the Boston Globe uncovered a massive coverup of child molestation within the Catholic church. The film was regarded as groundbreaking, moving, and a scathing condemnation of everyone involved in standing in the way of child victims seeking justice. However, as with most true stories, the people involved don’t naturally meet diversity quotas.
According to the new guidelines for 2024, Spotlight places the “spotlight” on a cast too homogenous to be worthy of consideration for an Oscar. In 2016, it was nominated for six Oscars, winning Best Original Screenplay and Best Picture. It’s also remained one of IMDb’s listed top 250 films, coming in at number 218.
8. The King’s Speech (2010)
The King’s Speech is the tale of King George VI, who unexpectedly became the ruler of the British Empire in 1936, and his journey with a speech therapist who assisted the hesitant monarch in overcoming his speech impediment. While it was a critical favorite, its claim of Best Picture was a big upset for film enthusiasts who were particularly aggrieved that it claimed the title over The Social Network, Black Swan, Inception, The Fighter, and Winter’s Bone, to name a few.
Over the years, many have penned think pieces, and other filmmakers have spoken out about their opinion that The Social Network should have claimed the accolade for Best Picture that year. Even Quentin Tarantino regarded it as the best film of the past decade in 2020. Applying the new standards to the very white, very male film, it’s unlikely it would even clinch a nomination today, despite earning twelve nominations in 2011.
9. The Departed (2006)
The Departed is a modern favorite of Martin Scorsese’s esteemed long career. Starring (at the time) look-a-likes Leonardo DiCaprio and Matt Damon, playing opposite each other as undercover informants, each unaware the other is undercover in an Irish gang in South Boston. While it remains highly rated at 8.5 on IMDb, making it the 39th highest-rated film on the movie database, it would not meet the diversity criteria of today’s Oscars standards.
In 2007, it won four of its five Oscar nominations, including Best Picture, and earned Martin Scorsese his first and only win for Best Director since his first nomination in 1981. The thing about making movies about Irish gangs in Boston is that they’re going to be heavily centered on white males and hardly earn any diversity points. While I think films should be rewarded based on their quality and artistry rather than their adherence to quotas, that’s not the name of the game for the Oscar anymore. Sorry, The Departed, if you were released today, Scorsese would still be Oscar-less.
10. The Lord of the Rings: The Return of the King (2003)
The Lord of the Rings: The Return of the King is tied with Ben-Hur and Titanic for most Oscar wins for a single movie, earning eleven Oscars. The Return of the King didn’t lose in a single category it was nominated in and remains one of the best action-adventure films ever made. On IMDb, it sits at a comfortable 9/10 rating, making it the seventh-highest-rated film on the site. So, why wouldn’t it be Best Picture worthy in 2024? Take a quick gander at the cast to figure that one out. The Lord of the Rings is hardly diverse unless you consider hobbit representation a valid indicator of diversity. Other than that, it’s straight, white, and male — all things Academy members want to see less of.
11. A Beautiful Mind (2001)
In 2002, a beautiful true story about brilliant mathematician John Nash’s life and work as he dealt with schizophrenia claimed the Best Picture title after being nominated for eight and winning four Oscars. The film was a compelling dramatization of Nash’s battle with schizophrenia, but the film no longer meets the diversity and representation requirements to be nominated.
It’s a good thing A Beautiful Mind came out when it did — when it had the opportunity to be appreciated, accoladed, and enjoyed by Nash while he was still alive. The mathematician and his wife tragically died in a car accident in 2015. Nash was recognized for his work on game theory and the mathematics of decision-making, receiving a Nobel Prize in 1994.
12. Shakespeare in Love (1998)
Perhaps the only film I would be glad to have shut out of the Oscar race as reparations for Saving Private Ryan, this film, upon first glance, lacks any casting of people of color, so to meet the requirements for an Oscar nomination, they would have to find some other categories to meet representation standards outside of the big screen, like through the creative leadership and project team or industry access and opportunities. Shakespeare in Love is one of the most controversial Best Picture winners, and its successful Oscar campaign is largely owed to brilliant campaigner Harvey Weinstein — and we all know what ended up being his deal.
All in all, Shakespeare in Love walked away with 13 nominations, seven wins, a Best Picture upset (over Saving Private Ryan, no less), and a shocking Best Actress win for Gwyneth Paltrow (another hugely contested decision). The film ran a savvy Oscar campaign during awards season, but its legacy is marred with undeserved accolades, and its content has largely been forgotten.
13. Titanic (1997)
Released the year I was born, I’ve always felt a spiritual connection to Titanic. It’s a beautiful love story featuring two brilliant actors, retelling a legendary true tale filled with mystery and awe, and it’s a heart-wrenching, tear-jerking love story. What’s not to love? Put James Cameron in the middle of the ocean with a camera, and he’s in his element. You’re left with pure gold (save for the Avatar franchise, but that’s merely because they didn’t give him actual water to work with). Titanic‘s lack of diversity would cost it its place in history as the most acclaimed film at the Oscars (tied with The Lord of the Rings: The Return of the King and Ben-Hur) with eleven Oscar wins out of its fourteen nominations.
Of those wins, it was awarded Best Picture and Best Director. Titanic deserves its Oscars, especially given it was based on the true story of the ill-fated RSS Titanic’s destiny on that fateful night of April 14, 1912. The passengers onboard were largely white, but some have criticized its lack of diversity on the basis that its central love story was also a fabrication, so it has no legitimate grounds to stand on when it comes to suspension of disbelief.
14. Braveheart (1995)
It’s hard to remember that once upon a time, Mel Gibson was not only a leading man but an Oscar-winning filmmaker winning Best Picture and Best Director accolades. Braveheart is a cherished film that walked away from the 1996 Oscars ceremony with five wins. Rated 8.3, it’s 78 on IMDb’s top 250 movies list, yet its depiction of William Wallace’s fight for independence from the King of England in 13th century Scotland comes up short on the Academy’s new inclusion standards. Given Hollywood’s current aversion towards all things Mel Gibson in light of his controversial past, it’s also unlikely that they’d award him any Oscars in the current social climate. Another Best Picture winner bites the dust.
15. Driving Miss Daisy (1989)
Nominated for nine Oscars, Driving Miss Daisy clinched four Oscar wins, including Best Picture. Adapted from a gentle-hearted off-Broadway play, it features Morgan Freeman as a chauffeur in Georgia who forms an unlikely friendship with his elderly Jewish client, Daisy, portrayed by Jessica Tandy. The story unfolds with Daisy gradually gaining insight into racial injustice. While the film received praise for its performances and reception, it was overshadowed by Spike Lee’s provocative Do the Right Thing, which offered a starkly different perspective on race relations.
Despite Do The Right Thing being snubbed by the Academy, Lee boasted about Driving Miss Daisy‘s lack of impact, pointing out that it’s not the film being taught in film schools worldwide and that nobody’s discussing it today. Ouch. Well, he’s not wrong. Do The Right Thing was indeed part of my curriculum, while Driving Miss Daisy was not. If both films were released today, the incendiary race-conscious Do The Right Thing would invariably emerge victorious over the more racially gentle Driving Miss Daisy.
16. Amadeus (1984)
This is a recounting of the fascinating story of Wolfgang Amadeus Mozart as told by the contemporary composer and rival Antonio Salieri. The film details his remarkable life, achievements, and challenges from the point of view of a composer of the same era who harbored intense envy towards Mozart due to his extraordinary talent and even audaciously claimed to be responsible for his death.
Like most stories set in Vienna in the late 18th century, the film is incredibly white and largely male. There isn’t much inclusiveness in this film set about successful English composers several centuries ago. Despite being the 75th highest-rated film on IMDb and obtaining eight Oscars, Amadeus would not qualify for Best Picture or any of its other accolades today.
17. Chariots of Fire (1981)
In 1982, Best Picture went to this British historical drama about a true story following two athletes competing in the 1924 Summer Olympics — one a determined Jew and the other a devout Christian. Grappling with issues of pride and conscience, Chariots of Fire is about adversity and prejudice. The film lacked diversity and, despite dealing with themes of prejudice, does not meet the guidelines for an inclusive, diverse cast. Despite portraying the discrimination and social barriers faced by its Jewish character, it does not seem to adhere to the new Oscar guidelines by depicting one of the underrepresented groups.
Chariots of Fire won four Oscars in 1982, but its chances among today’s Oscar standards remain unclear; yet another example of the pitfalls of instituting these types of quotas.
18. Kramer vs. Kramer (1979)
In Kramer vs. Kramer, a Manhattan advertising executive consumed by his career must confront the challenge of parenting his young son, whom he had previously neglected after his wife left him. However, as a bitter custody dispute unfolds, the emotional scars of their separation are reopened, intensifying the turmoil.
Earning five Oscars and a Best Picture win for its powerful performances and compelling story. However, The Washington Post listed it as one of the many undeserving Best Picture winners for its simplistic plot and reliance on dialogue. Many believe Apocalypse Now should have won, though it’s arguable whether that film would meet the new inclusion guidelines. Kramer vs. Kramer focuses on a sole white family, and its uninspired tale about divorce would likely not resonate with modern audiences.
19. Annie Hall (1977)
Annie Hall scores on the “Definitely Not Winning” Bingo Card for multiple reasons. It’s one of the many Allen films criticized for its lack of diversity despite being set in the melting pot of New York City. Aside from failing the representation test, Allen is something of a filmmaking black sheep in Hollywood these days due to controversy that has followed him over the years, from marrying his step-daughter to being accused of sexual abuse by his other adopted daughter and ex-wife.
Needless to say, in a post #MeToo and pro-racial diversity Hollywood, Allen would be ousted. His most recent nomination was in 2014 for Blue Jasmine, a few years before the #MeToo movement gained steam. Regardless of the merit of the accusations made against him, the mere questionability of his possible predation, as well as the controversial dynamic between his wife Soon-Yi Previn, who was the adopted daughter of his then-wife Mia Farrow, and who he left Farrow to be with, makes him a very uncomfortable filmmaker to work with or reward with accolades. In an alternate timeline, Annie Hall has no Oscars, but in 1978, it earned four, including Best Picture.
20. Patton (1970)
This 1970 film stars George C. Scott as General George S. Patton and chronicles his leadership in World War II. It highlighted his controversially aggressive tactics and conflict with other Allied leaders and won seven Oscars, including Best Adapted Screenplay, Best Actor, Best Director, and Best Picture. However, it’s been criticized for its omission of black actors even though many people of color fought in Patton’s army during WWII. They cast one person of color through a black orderly, and the rest of his army is full of white men. Needless to say, Patton would certainly not meet the onscreen requirements for an Oscar anymore.
21. Oliver! (1968)
In the 1830s London, Oliver Twist, a young orphan, escapes from the mortician who bought him and encounters a band of boys under the tutelage of an old man, learning the art of pickpocketing. In 1968, when diversity and inclusion were hardly the biggest concern of the Academy, this British musical was awarded five Oscars, including Best Picture. Its overly homogenous cast would cost it its chances at the Oscars today. It’s a little wild to think this was the Best Picture winner in the same year as iconic, trailblazing releases like 2001: A Space Odyssey and Rosemary’s Baby.
22. A Man for All Season (1966)
This story, set in 16th-century England, revolves around Sir Thomas More’s courageous defiance of King Henry VIII, who sought to break from the Roman Catholic Church in pursuit of divorcing and remarrying — an act of heresy at the time. The enthralling story of More’s dedication to his principles, which resulted in his trial and execution for treason, is a compelling story about the conflict between personal conscience and political expediency.
Still, its cast contained no people of color. While this wasn’t unusual for 1966, especially for a film depicting a period in history that would have excluded people of color, it does bar it from entry by 2024 Oscar standards. In 1967, however, it picked up six Oscars, such as Best Picture, Best Director, Best Screenplay, and Best Actor.
23. The Godfather (1972)
Ubiquitously known as the best film ever made, Francis Ford Coppola‘s masterpiece has cemented its place in history, forever altering cinema as we know it and launching the careers of legendary actors like Al Pacino, James Caan, and Diane Keaton and propelling already established actor Marlon Brando into mythical status. This begs the question — could the “greatest film in cinema history” even win an Oscar today?
The Godfather won a modest number of Oscars in 1972 (only three) but established itself as the best film of the year with Best Picture. On IMDb, it’s second only to Shawshank Redemption, rated an impressive 9.2. However, suppose we re-examine the movie through the Oscars’ new standards. In that case, the film contains few female roles, and there is limited racial and ethnic diversity in its core narrative, less so than in its sequel, The Godfather: Part II. The story centers on the Italian-American mafia, so the main characters and settings reflect this specific cultural and ethnic context.
24. The Godfather: Part II (1974)
Despite being ranked the fourth highest-rated film on IMDb with a rating of 9 out of 10, The Godfather: Part II is considered the greatest sequel ever made and often argued to be even better than its predecessor, The Godfather. The film eclipsed the first film in Oscar wins, taking home six Oscars, including Best Picture once again. It made history as the only sequel to win Best Picture following the win of the original film.
Though it is slightly more diverse than The Godfather, thanks to its exploration of the broader scope of portraying different ethnicities and cultures, it still predominantly features Italian-American mafia characters who are mostly white men. The film does feature some Cuban characters and business dealings in Cuba, but it likely would not meet the threshold needed to be nominated for an Oscar in 2024.
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