It is based on an original screenplay by Joan O'Brien and Charles Denton, from a story idea by O'Brien, with additional material from Lewis.[2] The film was met with controversy regarding its premise and content, which features a circus clown who is imprisoned in a Nazi concentration camp.

Lewis repeatedly insisted that The Day the Clown Cried would never be released, but later donated an incomplete copy of the film to the Library of Congress in 2015 under the stipulation that it was not to be made available before June 2024.[3] According to Lewis' son, there is no complete negative of the film, and outstanding copyright issues have prevented its release.