United States of Entertainment

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Just an update to my previous article on 102-year-old actress Olivia de Havilland’s petition to the Supreme Court (see Speaking Truth to Power in Tinseltown): Our less-than-Supreme Court has decided it will not hear her case. This means that companies like FX Networks are permitted to transform living people in an untruthful manner in their pursuit of profit, under First Amendment freedom protection. Essentially, Miss de Havilland’s fight for her freedom from character slander is trumped by the right of the people to be entertained, and the right of corporations to profit off that entertainment.

I wonder what James Madison is thinking.

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(Tony Auth, Philadelphia Inquirer)

Speaking Truth to Power in Tinseltown

Olivia de Havilland portrait

She is 102 years old. Her first screen appearance was in 1935 in A Midsummer Night’s Dream. In 1939 she co-starred in one of the most popular films of all time, Gone with the Wind. She was romantically linked with billionaire Howard Hughes, actor Jimmy Stewart, and director John Huston. She has won two Academy Awards for Best Actress, been nominated for three other Oscars, and been awarded or nominated for multiple other acting trophies.

She changed the face of Hollywood in the mid-1940s with the De Havilland Law, which helped terminate the oppressive “studio system” by freeing artists from tyrannical labor contracts.

She was made a Dame by Queen Elizabeth II. She received the highest order of merit in France, the Légion d’Honneur, from Nicolas Sarkozy. She was awarded the National Medal of Arts by George W. Bush. Since 1956, she has lived in the same three-story house in Paris.

Olivia de Havilland is the last surviving actor of 1930s Hollywood, and one of the last of its Golden Age. She’s also the last person one would think would be compelled to file another lawsuit, this one an appeal to the United States Supreme Court. But in these surreal days of infantile tweets by U.S. presidents, when up is down and down is up…anything is possible.

***

In 2017, a mini-series called Feud: Bette and Joan came out on FX Networks. It concerns actress Bette Davis, who was supposedly very feisty, and actress Joan Crawford, supposedly extremely vain (even for Hollywood). The two notoriously clashed during and after the 1962 production of the macabre film Whatever Happened to Baby Jane? The recent Feud stars Susan Sarandon as Davis, and Jessica Lange as Crawford.

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Movie still from Baby Jane.  Crawford is on left, Davis is on right.

Olivia de Havilland knew and worked with both Davis and Crawford. Her character, portrayed by Catherine Zeta-Jones, narrates Feud. However, de Havilland was never consulted before or during the making of the series.  

I have not seen Feud, so I can’t comment on its artistic merits. But judging from the subject matter, it sounds not unlike most of the glossy soap-opera trash that Hollywood often promotes as serious “drama” today. (According to de Havilland’s 112-page petition, the mini-series is devoted to “the theme of women actors cat-fighting, using vulgar language, and backstabbing one another.”)

Miss de Havilland’s lawsuit argues that Feud and executive producer Ryan Murphy (previous credit: The People v. O.J. Simpson), take considerable liberties with the truth, to put it politely. But this isn’t unusual in Hollywood (or anywhere else, for that matter). Ever since D.W. Griffith’s Birth of a Nation in 1915, which depicts the Ku Klux Klan as heroic, historical truth has been a malleable commodity in moving pictures. Usually, the factual acrobatics are for artistic and commercial benefit. Sometimes there’s a political or social agenda involved, as with Griffith’s film.

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Davis and de Havilland during the Baby Jane follow-up, Hush…Hush, Sweet Charlotte (1964). De Havilland replaced Crawford early on. (Joe Farrington/NY Daily News Archive/Getty Images)

But sometimes these artistic liberties cross a threshold and create false impressions that have a deleterious effect on peoples’ character. Such is the claim of Miss de Havilland and her legal team.

Specifically, and related directly to her, de Havilland objects to a scene where she refers to her late sister, actress Joan Fontaine (with whom de Havilland had a cold relationship), as a “bitch.” She also objects to a scene where she makes snide remarks about Frank Sinatra’s alcohol use. The fact that Feud is presented as semi-documentary lends additional weight to de Havilland’s grievance.

Now, these Tinseltown skirmishes may seem petty and inconsequential to most of us. We’ve been raised in an age of constant media diversion, where fact and fantasy often coexist and overlap, and where manners are seemingly…well… “gone with the wind.” We live in a much cruder time. But Olivia de Havilland is from an earlier era. A time when unwritten codes of conduct were adhered to, and not everything—whether fact or fantasy—was splashed onto a screen. Freedom of speech and artistic license are one thing. But libeling someone in the name of art is another.

“Tens of millions of people* viewed “Feud,” and for a new generation, most likely all they know of Petitioner is found in the unauthorized lies and mischaracterization of her life, her work, and her nature as put forward in that series…This false portrayal has damaged Petitioner’s reputation.” (from Petition for a Writ of Certiorari, Oliva de Havilland, DBE, Petitioner v. FX Networks, LLC and Pacific 2.1 Entertainment Group, Inc.).

The Supreme Court appeal was filed in September. It follows an original petition in March 2017, which was struck down by two appeals courts, including the California Supreme Court. In both cases, Murphy and FX Networks successfully used the First Amendment to the U.S. Constitution to justify their “artistic license” to reputedly stretch the truth and stain the character of both living and dead persons.

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De Havilland, circa 1940 (Photofest)

In earlier essays, longitudes has touched on issues related to the First Amendment, which protects Americans’ freedom of speech, religion, press, and right to peaceably assemble. Television stars and their supporters have flaunted the Constitution to defend the right to employment after employer termination for vulgar, bigoted remarks (Duck Dynasty vs. U.S. Constitution). Armed political activists have clumsily brandished the Constitution while illegally occupying federal land (This Land is Your Land: Domestic Terrorism in Oregon).

We’ve also seen the U.S. Supreme Court misinterpret the First Amendment in order to protect corporations and enable them to donate unlimited amounts of money to the political candidates they hope will serve their purposes (Citizens United v. FEC).

Longitudes is an enthusiastic fan of Olivia de Havilland. Anyone who has seen either The Heiress or The Snake Pit is aware of her immense talent, not to mention her beauty. But that’s not why this blog supports her in her campaign for truth and decency. It’s because the First Amendment was not intended by the Founders to protect businesses like FX Networks from fictionalizing, in a negative manner, the words and actions of people in the pursuit of commerce, and in the guise of “art.”

Unfortunately, judging from certain recent court decisions where the First Amendment is involved, and the unprecedented clout of U.S. industry today, longitudes doesn’t hold out much hope for Miss de Havilland.

Then again—like a rubber ball bouncing between walls in a closed room—American laws have never been fixed, and their trajectories are purely determined by whomever is doing the bouncing at any given time.

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Promo card of de Havilland in play Alice in Wonderland, 1933.

* Variety magazine reported that 5.1 million people total watched Feud when first broadcast.

(Header photo: Laura Stevens, Variety)

Fantastic Lies One Could Live With

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Peder C. Lund died last year. His company died with him.

I don’t expect many of you to know Peder (pronounced PAY-der). Only unless you’re the type that stockpiles nitro-glycerin and regularly dons camo fatigues on trips to the 7-11.

I didn’t know his name until recently. But many years ago, Peder and I crossed paths. I’ll go into that later. Right now I’ll (try to) describe the man and what he did in life.

Lund was the co-founder and owner of Paladin Press, founded in 1970 by Lund and a fellow Vietnam Green Beret, Robert K. Brown. This publishing firm, based in Boulder, Colorado, produced instructional books and videos with titles like How to Kill Tanks, The Revenge Encyclopedia, How to Shoot Your M16/AR-15 in Training and Combat, The Ultimate Sniper, How to Open Locks Without Keys or Picks

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Typical tacky Paladin Press book cover

You get the picture. Not long after the company’s founding, Brown sold his interest to Lund and started the comparatively tame Soldier of Fortune magazine (emphasis on “comparatively”).

Paladin Press specialized in how-to manuals about killing, in addition to more innocuous, garden-variety gun, ammo, and martial arts books. All were characterized by bad writing and tacky graphics. One of their more ivy-league and humorous publications is How to Get Rich as a Televangelist or Faith Healer. The author, one Bill Wilson (probably a pseudonym), claims his book teaches “how to tailor your message for maximum gain, and…weasel out of trouble when your lavish lifestyle or personal misconduct hits the fan.”

Snipers and televangelists. Like peanut butter and jelly.

Lund knew the makeup of his buyers, and he supplied their dope. Who were the buyers? Well, the government-phobic right wing, for starters. Venture to the fringe of this species, and you encounter a more dangerous sub-species. Insecure men; outsiders who find identity, acceptance, and machismo in paramilitary clubs… perpetually adolescent, excessively nationalistic, and probably racist; white males with survivalist obsessions, plagued with small minds and, if you believe some people, small genitals. And here and there, a few clinical sickos. Oklahoma City bomber Timothy McVeigh was a customer for Paladin’s Homemade C-4: A Recipe for Survival.

(I know what some of you are thinking: this pond scum seems to be everywhere these days).

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A skinny Lund trying to look macho on the cover of his buddy’s magazine

Lund did well as a publisher. He built an opulent man-castle in the Colorado foothills, complete with indoor fountain, his own forest in back (perfect for guerilla maneuvers), and an expansive view of downtown Boulder, a town populated by New Age hippies, health food junkies, and rock climbers. Lund went through four wives. He was an adored paterfamilias at Paladin, supposedly paying and treating his employees well, and each year he rewarded their loyalty with a free trip to Baja. On the outside, he cultivated the image of an average, common-sense, all-American small businessman.

Then in 1996, Lund and Paladin made national news. They were sued by a Maryland family who claimed a Paladin book called Hit Man: A Technical Manual for Independent Contractors was used by a contract killer, James Perry, in the assassination killings of three family members, including a quadriplegic boy, to get trust fund money. The case became a First Amendment cause cèlébre. The ACLU, New York Times, and Washington Post jumped to Paladin’s defense. The case went as high as the Supreme Court (which refused to hear it), and eventually was settled out of court, with the family receiving millions in damages.

Lund claimed he didn’t want to settle, but his insurance company pressed for it. Paladin destroyed all warehouse copies of Hit Man.

The author of Hit Man, who used the pseudonym “Rex Feral” (Rex is Latin for “king,” and feral means “wild”) was never implicated. Writer Karen Abbott was able to track down the real Rex Feral. It turns out she was a divorced mother of two who lived in a trailer park and got her ideas from TV, movies, and mystery novels… (Isn’t America great??). When Abbot pressed for a personal interview, the woman declined, saying she didn’t want to be a hero, “tragic or otherwise. I just want to sit on my rocker on my porch and tell my grandsons stories they’re certain are fantastic lies.”

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Paladin Press’s most notorious title

After the Hit Man case, Lund continued to publish his how-to books on killing, but the rise of web journalism gradually took the steam out of Paladin. He died on June 3, 2017 while on vacation in Finland. Paladin Press closed its doors this past December.

***

Earlier, I said that I once met Lund. Here’s what happened:

I was just out of school, confused about what I wanted to do, and living in Boulder. Back then, my road map was the beat classic On the Road, so I did a lot of tramping. I was returning to Boulder from Cheyenne, Wyoming. I was dirty and beat and just wanted to collapse on my bed in the boarding house. But my extended right thumb was getting windburned.

Just as the sun was dropping over the spires of the Rockies, a shiny Porsche passed, then eased into the gravel in front of me. I ran up, opened the door, and hopped in with a relieved “Thanks!” The guy looked about 40, with thick black hair and bushy eyebrows. Memory is fuzzy, but I think he was wearing several rings as big as halogen lamps. My impression was a conceited guy who liked to flaunt his wealth.

I’m reconstructing the conversation, but these are the basics:

“How far you headed?” he asks.

“Downtown Boulder’s fine,” I answer.

“I’m headed to a club about eight miles ahead,” he says. “Is that good?”

“Sure, that’s great,” I respond, inhaling his aromatic cologne. “Thanks.”

Then a brief, awkward silence, the kind that inevitably follows introductions between a driver and hitchhiker.

“Where do you work?” he asks.

“At Häagen-Dazs,” I respond sheepishly. “I just graduated, so I’m still trying to break into my field. Not easy with this recession.”

“What did you study?”

“Journalism.” More awkward silence. Then it’s my turn to break it.

“What kind of work do you do?” I ask.

“I own a publishing company.” My body sinks deeper in his bucket seat.

“Wow, imagine that!” I respond nervously, with thoughts of a possible job interview, but also feeling embarrassed that I scoop ice cream for a living.

The guy’s now smirking like he knows he’s hot shit. “Journalism, huh? My company’s called Paladin Press. Ever hear of it?”

Yes, I had. Only a few years earlier, I’d read a story by popular syndicated columnist Bob Greene about this controversial publishing company. Greene was relentless in his criticism. He basically eviscerated Paladin, but only after drawing, quartering, and decapitating.

“Actually, I think so,” I reply, maybe hoping he won’t ask where I’d heard about it. At this point, I’d snuffed any idea of a job interview.

“Where’d you hear?”

“Uh, Bob Greene.”

This response shatters Lund’s previously cool exterior. No longer James Bond, he becomes a raging Bill O’Reilly on amphetamine.

“That f#@*ing liberal bastard!!” he yells. “He came out here to interview me and $#!*#!$!@#…”

(I forget what all he sputtered, but he went on for a while).

After he quiets down, the remainder of the ride is silent. I can now smell perspiration and a little seething mixed with the cologne. He lets me out in the crowded parking lot of Boulder’s premier discotheque. I thank him, shut the door, and walk the rest of the way home.

***

Paladin Press may have had a Constitutional right to publish its death porn. The Supreme Court never rendered a verdict, so by now it’s a moot point. But there’s another law besides U.S. Constitutional law. A child pornographer may be innocent of rape when one of his readers rapes a child, but isn’t the pornographer an accessory? If not legally, then morally?

Like I said, memory isn’t foolproof. However, impressions and feelings are. And my feeling is the same now as on July 30, 1983, when I thanked Lund for the ride then slammed his car door.

I’m damn glad that I ruined his evening.

 

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(photo by The Denver Post)

Duck Dynasty vs. U.S. Constitution

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The eminent historian David McCullough (“John Adams,” “Truman,” “The Johnstown Flood,” etc.) was interviewed on “60 Minutes” last year.  He bemoaned the fact that so few Americans today, especially younger Americans, know even basic facts about their country’s history.  He gave the example that, after a speech at a major university, a young woman approached him and gushed “Mr. McCullough, until your speech I didn’t know that the original 13 colonies were on the East Coast!”

McCullough’s a gracious man.  He didn’t laugh or get angry when he related this anecdote.  He didn’t even blame the co-ed.  Rather, he blamed parents and an American educational system that so often de-emphasizes the teaching of history.  One could tell McCullough was tremendously sad.

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Phil Robertson

Recently, various media outlets have been displaying just how historically challenged many Americans are.  I’m talking about the backlash to criticism of Phil Robertson’s (“Duck Dynasty” TV show) inflammatory remarks in GQ Magazine about African-Americans and gays.  I won’t go into how idiotic and bigoted I think Mr. Robertson’s remarks are.  Any rational, thinking human being, Christian or non-Christian, knows that this guy is, shall we say… quacking utter nonsense.  I’d quote his offensive remarks but they’re readily searchable.

But I’ll say a few words about the backlash and how the First Amendment to the U.S. Constitution is being used and abused by certain people –predominately people with an agenda from a certain side of the political aisle.

Here’s the entirety of the text to the First Amendment, one of ten amendments that comprise the Constitution’s Bill of Rights:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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Thomas Jefferson

I’m sure most Americans are unable to rattle off these 45 words verbatim.  But memorization’s not important.  What is important is that we understand what the amendment means.  Which is that Congress shall make no law that establishes religion (Thomas Jefferson’s “wall of separation between church and state”) nor prohibits freedom of speech, press, or peaceful assembly.

Mr. Robertson wasn’t thrown into jail.  He wasn’t even arrested.  Why?  Because he didn’t break any law, because Congress didn’t make any law prohibiting his speech or religious beliefs (as twisted as his speech and religious beliefs may be).  His freedom to drool his ignorance to GQ wasn’t violated.  In fact, his words were printed in a major magazine for all the world to see!  He can continue to drool his ignorance.  And the rest of us are allowed to analyze his words and either pity or castigate them, while he continues to paddle his canoe and blow his duck whistles (I guess that’s what he does, since I’ve never seen his show).  He just can’t do it on TV anymore.  The First Amendment doesn’t guarantee Mr. Robertson the right to be on TV.

Mr. Robertson’s producers suspended him because his words and ideas were offensive, and probably because they don’t want to lose advertisers.  They’re allowed to do this.  Employers fire people for this stuff all the time.  If I’m sitting in my office and decide to start yelling about anuses and vaginas, and approach enough workmates with the idea that homosexuals are sinners, I’ll probably get fired.

This whole ugly mess does have some violations, though.  For starters, violations of empathy for a persecuted minority and – dare I say it – Christian decency on the part of Mr. Robertson.  And that plus common sense and historical understanding on the part of his defenders.  It’s hard for me to understand the priorities of Robertson’s apologists.  They evidently feel it’s real important to shut up his critics.  But they’re not overly concerned about the 14-year-old gay kid, maybe struggling to come out of the closet, who has to hear that his sexuality is one step removed from sex with animals.

Once again, rather than trying to solve the real problems facing this country, Americans are sucked into a sordid debate because of some yahoo who has a microphone stuck in his face.  And half the debate is being waged by folks who don’t even understand – or don’t want others to understand – the most important amendment to their own Constitution.

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Steve Allen to Jerry Springer

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Dysfunctional excess

Is all it took for my success.

(Peter Gabriel, from his song “The Barry Williams Show”)

Last week Jerry Springer made a return visit to Cincinnati for a question and answer forum.  Before hosting a nationally syndicated “trash” talk show, Springer was a TV anchorman/commentator in Cincinnati, and before that, he was mayor (until he was caught writing a check to a prostitute).  I guess there’s a segment of society that’s attracted to “dysfunctional excess.”  One of the folks at work went to the forum and referred to Springer as being “smart” (how smart can you be if you pay off a prostitute with a personal check?!).  It got me to thinking about another smart guy who was a talk show host: Steve Allen.

For those who may not know, Steve Allen was the very first host of “The Tonight Show,” long before Jay Leno, and even before Johnny Carson.  He was largely responsible for developing the format of the TV talk show.  He didn’t look it, but he was actually pretty hip, being one of the first to book a young Elvis Presley, and helping to promote writer Jack Kerouac, author of the beat-generation bible “On the Road.”  And a teenaged Frank Zappa appeared on Allen’s show, playing an upside-down bicycle as a musical instrument!  In addition, Allen was an accomplished jazz musician and song composer, a talented comic, and he wrote a staggering 50 books during his lifetime.

Toward the end of his life (he died in 2000 at age 78), Allen became increasingly concerned about the amount of gratuitous sex, violence, crudity, and stupidity that the entertainment media was dishing out.  His last book was called “Vulgarians at the Gate: Trash TV and Raunch Radio: Raising Standards of Popular Culture.”  In the book he castigates TV producers, personalities like Springer and shock-jock Howard Stern, the film industry, and the music and video gaming industries for helping to facilitate a breakdown of mores in society through their product.   In my opinion, his voice carries weight.  Allen was there at the very beginning of TV, and he witnessed a number of changes over a 50-year period.  That combined with the fact that Allen was a voracious reader and researcher and he was constantly trying to improve himself.

Politically, Allen was a Democrat.  And as far as religion, he considered himself a secular humanist (he wrote several books that critiqued the Bible, but only after doing a lot of research on Christianity).  He didn’t believe in censorship.  But he did feel that Hollywood and the entertainment industry needed to do a much better job of policing themselves, and citizens needed to become more engaged and speak out against the crassness.  Parents are the best police for their kids, but they’re powerless once the kids leave the house. Allen felt so strongly about these things that at the end he was taking out ads in city newspapers and he became honorary chairman, with actress Shirley Jones (Mrs. Partridge!!!), of the conservative Parents Television Council.  The group is still active today, though unfortunately few of the board members have the acuity or worldliness of Allen.  Most recently, it started a petition to ban Seth McFarlane from ever hosting the Academy Awards again.

In another post on longitudes, I rebuked the NRA and gun lobby for their incomprehensible use of the Second Amendment to bludgeon attempts at sensible gun legislation.  But I also pointed a finger at the entertainment industry for shoveling out whatever garbage they could get away with under the First Amendment.  Until Second Amendment conservatives and First Amendment liberals stop blaming each other for gun violence, and decide that the problem is multifold, I’m afraid our society will continue its ineluctable slide into the muck of violence and vulgarity.  And we need more Steve Allens to hold accountable the Jerry Springers.

U.S. Election 2012

The results of the 2012 U.S. presidential election are in.  Just a few thoughts before moving on to a more subdued topic.

This was the most expensive election in history.  According to the non-partisan Center for Responsible Politics, the presidential and congressional campaigns raised a total of $6 billion – $700 million more than the previous record in 2008.  This thanks in part to an abominable Supreme Court decision, Citizens United v. Federal Election Commission, that said that government restriction of political expenditures from individuals, corporations, and labor unions was a violation of the First Amendment to the U.S. Constitution (popularly known as the “right to free speech”).  Why Super PACS (Political Action Committees) being allowed to dump millions into the candidate of their choice is considered “speech” is a question for the ages.  Regardless, all that money shifted just a few seats in the House and Senate.

President Barack Obama won election to a second four-year term, while Democrats gained some seats in the Senate, which they control, and also in the Republican-controlled House of Representatives.  Obama was handed an awful mess in 2008, and in four years he did an extraordinary job of putting the U.S. back on track, while facing unrelenting hostility and vitriol.  The housing market is stabilizing; unemployment is still high but down to the level of when he took office; the Iraq debacle is over; we’re winding down in Afghanistan.  His signature achievements were killing Osama Bin Laden and stifling terrorism, rescuing the U.S. auto industry, and the historic passage of the Affordable Care Act (Obamacare), designed to enable countless Americans access to quality, affordable health care (and is not the “government takeover” claimed by his critics – there’s not even a “public option”).  And we finally have a leader who isn’t timid about pushing for green energy.

But America is still at roughly 8 percent unemployment, there is still a large budget deficit, and there are still tax and immigration dilemmas.  The president needs to find a way to bridge the gap with stubborn Republican House members, who have signed a “pledge” not to raise taxes – even on the wealthiest Americans.  And Republicans will want Dems to address entitlements.  House majority leader John Boehner has promised his GOP members will work with the president to somehow find compromise, which is a good sign.  We’ll see.

The election was a resounding victory for Democrats and a thundering disappointment to Republicans.  If the GOP is going to maintain viability in the 21st century, it will need to embrace a changing demographic, one that includes blacks, Latinos, Asian-Americans, gays, young voters, and women.  It will also need to re-examine its ideologies.  Is active government necessarily “big government,” or can it improve the lives of Americans?  Is regulation of business and industry such a dirty word?

If the economy continues to improve and the president can somehow find common ground with an intransigent Congress – and this country can stay out of another war – I think history will view Obama’s presidency with kindness. 

Forward.