Screen Actors Guild Tells Court There's Nothing Unconstitutional About Curbing IMDB's Publication Of Facts

from the beneficiaries-of-free-speech-protections-ask-for-less-free-speech dept

Because ageism is allegedly rampant in Hollywood, California legislators have decided to address the problem head on not at all. Instead of enforcing on-the-books laws against employment discrimination, the legislature -- backed by the Screen Actors Guild -- has decided some of the First Amendment has to go. It has crafted a new law to fight ageism in Hollywood studios… by targeting a popular movie database. In California, A + B = WTF.

The law -- currently blocked by an injunction -- forbids third-party sites with paid subscribers from publishing certain facts about actors and actresses. The only fact at issue is their age. And, despite lawmakers pretending the stupid, unconstitutional law targets a variety of websites, it's really only having an effect on one: IMDb.

This failure of a law stems from a failure of a lawsuit brought by actress Junie Hoang, who blamed her lack of starring roles on IMDb publishing her real age. She wanted $1 million in damages, apparently expecting IMDb to subsidize her next 500 years of denied acting opportunities. (Discovery during the suit revealed Hoang made less than $2000/year from acting.)

The Fail Train rolls on with the Screen Actors Guild offering its full-throated approval of First Amendment limitations, as Elizabeth Nolan Brown reports.

In its own motion, SAG-AFTRA complained that IMDB "contends it has an absolute First Amendment right to disseminate the ages of everyone in Hollywood, consequences be damned, and no matter how much or little value such expression has in the marketplace of ideas." But "so long as the communication of the age of persons in the entertainment industry writ large facilitates illegal age discrimination, such expression may be regulated consistent with the First Amendment even though specific communications might not be discriminatory." Note that the Actors Guild doesn't claim that IMDb publishes age information that's false, nor that it publishes true information obtained in an illegal manner. Rather SAG-AFTRA asserts that IMDb somehow has a legal responsibility to help actors obtain work by concealing their ages; that the state has the ability to judge what kinds of content have "value" in the "marketplace of ideas"; and that information of "little value" can be banned.

The motion is filled with terrible arguments. But considering its conceit, where else could it go? When you start with the premise the best fix for ageism at movie studios is targeting a third-party website, there's really no room for logic or coherent arguments. Add to that the fact that actors are actively calling for free speech restrictions, and you've got an elliptical mess on your hands -- one that makes the argument the state can be trusted to determine what speech has "value."

SAG's opening salvo names and shames the real parties responsible for ageism…

Plaintiff's website publishes everyone's age regardless of whether it is relevant to any public issue at all, and does so without any comment or context. This is not an invitation to public debate. Rather, it is an open invitation for casting directors to engage in illegally discriminatory conduct…

...before moving on to spend the rest of the brief arguing that its IMDb's fault casting directors engage in illegal discriminatory conduct.

As set forth in the Declaration of Marilyn Szatmary filed concurrently herewith, there is massive age discrimination in the entertainment industry and IMDb.com facilitates that discrimination as the go-to website for casting decisions.

Publishing ages doesn't "facilitate discrimination." Nothing forces studios to participate in discriminatory hiring practices… at least nothing outside the studios themselves. Other sites without paid subscribers are still free to publish actors' ages. At least with IMDb, paid subscribers can ask to have this information removed. Other sites not targeted by this legislation (which, in reality, is every other site but IMDb) have no obligation to remove factual information from their sites.

The brief does nothing to convince anyone the law is Constitutional. All it does is make it clear SAG would rather bite the hand that feeds info to studios than the hand that feeds its members acting jobs. It's bad legislation lawmakers allowed themselves to be talked into and it should be struck down permanently by the time this is all said and done. SAG's support for the blocked bill is intellectually dishonest. The problem lies in the studios, not outside websites, no matter how much studios may rely on IMDb to do its hiring homework for them.

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Filed Under: age discrimination, ages, california, facts, first amendment, free speech, hollywood, imdb, junie hoang

Companies: amazon, screen actors guild