TO BE AN ACTRESS

BY MICHELLE C

Some elements of the human spirit cannot be subdued. Holocaust survivor Nava Shean’s dedication to acting, in the face of great peril, is a testament to just such strength and passion.

A girl of nine plays the part of a Japanese boy bravely facing execution in a theater show in Prague. At eighteen, she has a promising career in Prague’s Children Theater.

The German invasion of Czechoslovakia in 1938 bans her from acting on the stage, so she acts behind the stage, reciting the dialogue in a puppet show. Deported to Terezin concentration camp, she organizes a theater where inmates perform plays by Edmond Rostand, Rudyard Kipling, Jean Cocteau and Nikolai Gogol. The spectators pay for their tickets to the shows by food.

Throughout her life, Nava Shean remained true to her greatest passion: to be an actress, “even if I can only walk across the stage and wave a handkerchief.” Her love of acting sustained her spirit against internment, economic hardships, and intrigue and betrayal by colleagues.

 

To Be an Actress

Nava Shean was born as Vlasta Schönová in Czechoslovakia in 1919. She survived the concentration camp and in 1948 immigrated to Israel, where she changed her nickname “Vava” into “Nava” and “Schön” into “Shean.”

 

While interned in the concentration camp, Shean performed with fellow actors, musicians, and directors. They rehearsed and performed at night, after a full day of menial labor. Shean also organized a children’s theater, where she adapted the Czech children’s story Broucci (fireflies). She describes how, years later at a reunion of Terezin survivors, a woman approached her, introduced herself as “a firefly,” and told Shean:

I owe you my childhood. My entire childhood was totally erased from my memory because of the trauma of the holocaust… When I was your ‘firefly,’ this became my best childhood memory: to run around the stage and sing ‘the Spring will come.’ It was for me more than you can imagine. You created there, under the difficult conditions, great moments for the children.

Shean’s single-minded concentration on acting enabled her to transcend the ugliness and misery around her. She describes how while in Terezin, she has to work at a hospital ward of elderly women. Shean watches one woman and thinks:

I will perform this on the stage if I ever have such a role. I must register all the small details in my memory. How she is moving her hands, never lies still. Vava, you are disgusting. Rather than feel some human compassion you think about the theater? You are not human. Yes, I am disgusted with myself. I am a true actress.

After the liberation, Shean returned to the Czech stage and served as the manager of a new theater in the town of Brno. In 1948 she escaped Czechoslovakia’s looming Communist takeover, seizing an opportunity to immigrate to Israel. In Israel she overcame the language barrier and eventually performed Shakespearean roles such as King Lear’s Goneril.

As a young single mother, Shean resisted the arguments that her child’s welfare required that she relinquishes acting. Having no relatives in her new country, she found an older couple who served as adoptive parents for her and her baby daughter. Her acting continued uninterrupted.

In 1968, during the Prague Spring, Shean visited Czechoslovakia for the first time since leaving twenty years earlier. The Soviet invasion of Czechoslovakia cut short her visit and she had to escape Communism once again.

But during that visit, she resumed a relationship cut short by World War II with Hubert Hermann, who had saved her sister during the war. Hermann joined her in Israel after eight years of fighting Communist bureaucracy. Excerpts from his letters to Shean during those years provide a glance into life under Communism and an insight into Hermann’s resistance to its stifling impact through wry humor. (“I only need to add up 65 monthly salaries to buy a Škoda!”)

The memoir, To Be an Actress, is not intellectual, but experiential. It does not preach an ideology, but shows Shean’s adherence to her convictions of dedication, hard work, and independence. There is no explicit criticism of the Kibbutz ideology, but Shean tells how she left the Kibbutz once the members voted against her continuing to act.

For her, there was never a choice between acting and economic security. She moved to the city and built her life and career on her own, supporting herself by traveling shows. In the end, Shean was an entrepreneur who established herself as a one-woman theater.

In fact, it would be wrong to say that Shean does not preach an ideology. She preaches the ideology of dedication to her greatest passion: to be an actress.

Translation note: Shean published two versions of her memoir. The Hebrew version was published in Israel in 1991, under the title Lehiyot Sachkanit, and the Czech version was published in the Czech Republic in 1993 under the title Chtěla jsem být herečkou. To Be an Actress is the translation of the Hebrew version.


Michelle Fram Cohen is a translator, interpreter, and language instructor and tester. She hold graduate degrees in Comparative Literature and History and is pursuing a PhD which combines the two fields. She lives in Maryland with her husband and son.

AIRPORT ‘SECURITY’?

BY THOMAS SOWELL

The unconstitutionally invasive new airport security measures in the US are not only illegal, but doomed to be ineffective. Why, then, do the powers that be insist on going forward?

No country has better airport security than Israel — and no country needs it more, since Israel is the most hated target of Islamic extremist terrorists. Yet, somehow, Israeli airport security people don’t have to strip passengers naked electronically or have strangers feeling their private parts.

Does anyone seriously believe that we have better airport security than Israel? Is our security record better than theirs?

“Security” may be the excuse being offered for the outrageous things being done to American air travelers, but the heavy-handed arrogance and contempt for ordinary people that is the hallmark of this administration in other areas is all too painfully apparent in these new and invasive airport procedures.

Can you remember a time when a Cabinet member in a free America boasted of having his “foot on the neck” of some business or when the President of the United States threatened on television to put his foot on another part of some citizens’ anatomy?

Yet this and more has happened in the current administration, which is not yet two years old. One Cabinet member warned that there would be “zero tolerance” for “misinformation” when an insurance company said the obvious, that the mandates of ObamaCare would raise costs and therefore raise premiums. Zero tolerance for exercising the First Amendment right of free speech?

More than two centuries ago, Edmund Burke warned about the dangers of new people with new power. This administration, only halfway through its term, has demonstrated that in many ways.

What other administration has had an Attorney General call the American People “cowards”? And refuse to call terrorists Islamic? What other administration has had a Secretary of Homeland Security warn law enforcement officials across the country of security threats from people who are anti-abortion, for federalism or are returning military veterans?

If anything good comes out of the airport “security” outrages, it may be in opening the eyes of more people to the utter contempt that this administration has for the American people.

Those who made excuses for all of candidate Barack Obama’s long years of alliances with people who expressed their contempt for this country, and when as president he appointed people with a record of antipathy to American interests and values, may finally get it when they feel some stranger’s hand in their crotch.

As for the excuse of “security,” this is one of the least security-minded administrations we have had. When hundreds of illegal immigrants from terrorist-sponsoring countries were captured crossing the border from Mexico — and then released on their own recognizance within the United States, that tells you all you need to know about this administration’s concern for security.

When captured terrorists who are not covered by either the Geneva Convention or the Constitution of the United States are nevertheless put on trial in American civilian courts by the Obama Justice Department, that too tells you all you need to know about how concerned they are about national security.

The rules of criminal justice in American courts were not designed for trying terrorists. For one thing, revealing the evidence against them can reveal how our intelligence services got wind of them in the first place, and thereby endanger the lives of people who helped us nab them.

Not a lot of people in other countries, or perhaps even in this country, are going to help us stop terrorists if their role is revealed and their families are exposed to revenge by the terrorists’ bloodthirsty comrades.

What do the Israeli airport security people do that American airport security do not do? They profile. They question some individuals for more than half an hour, open up all their luggage and spread the contents on the counter — and they let others go through with scarcely a word. And it works.

Meanwhile, this administration is so hung up on political correctness that they have turned “profiling” into a bugaboo. They would rather have electronic scanners look under the clothes of nuns than to detain a Jihadist imam for some questioning.

Will America be undermined from within by an administration obsessed with political correctness and intoxicated with the adolescent thrill of exercising its new-found powers? Stay tuned.


Thomas Sowell is a Senior Fellow at The Hoover Institution at Stanford University in California. He has published dozens of books on economics, education, race, and other topics. His most recent book is The Housing Boom and Bust, from April 2009.

PUTTING OBAMACARE ON ICE

BY LOGAN CLEMENTS

Mass media is a powerful tool for disseminating ideas to the public. And now, a great new movie and business opportunity is available to help quash support for ObamaCare.

Like all progressive legislation, ObamaCare poses as a cure for the malfeasance of the market. We’ve heard the proclamation, repeated often enough, that “if you like your health insurance you can keep it.” This is a cruel joke, but only those with the inclination and understanding will get the punchline — there won’t be any health insurance market when ObamaCare is done.

More importantly, there won’t be much in the way of good healthcare either. Doctors may be smart, drugs miraculous, and procedures life-saving, but it will all be flat-lined when decisions about your medical care are based on political considerations and Marxist ideology.

To change the political reality of a society, you need to change the ideas first and the politicians last. Most ideas percolate in the universities before being served to the public. Unfortunately, America’s universities are dominated by post-modernist ideology that pollutes all points downriver, assuring that simply replacing a current crop of politicians at the bottom will be futile. We need to win the war of ideas, the air war, if we ever want to gain and keep ground (or water), rather than just swapping it back and forth every six years.

I look forward to the day when tenured Marxist professors end up with offices and class schedules in some of the less cozy parts of the Aleutian Islands. But replacing the forges of America’s mind-factories will take decades. Until then, we can win the war at slightly lower altitude using mass media.

Movies in particular serve as a powerful platform to take the ammunition produced by free-market authors and think tanks to win the public debate. Few people would want to read a public policy book about healthcare, but who wouldn’t want to see me rent a Canadian hospital and have a sexy girl chased by a beaver?

My new movie, “Sick and Sicker: ObamaCare Canadian Style,” has a simple mission; to show Americans where ObamaCare will take us. It’s a world where politicians try to reduce health care costs by reducing access to healthcare itself. “What’s driving all these costs?” the bureaucrats asked. Doctors, of course. Doctors perform operations, doctors write prescriptions, and doctors consult with patients.

So in the early 1990s, the health bureaucrats in Canada paid doctors to quit practicing medicine. A doctor shortage ensued. Now over 4 million Canadians don’t have a family doctor. And the system is rigged so that you can’t see a specialist without a referral from a family doctor. The family doctor is the bouncer at Club Savoir Life.

The irony is excruciating. While the entire system was created to take “money out of medicine,” nothing factors more into each decision than the cost. Five of the cancer patients I interviewed complained that they were refused the best and most timely treatments due to cost. They all died before my movie was finished.

I was impressed by their courage to speak out. Most Canadians are afraid to talk, and why wouldn’t they be? If they speak out, their own access to medicine, or that of a relative, could be cut off. One person I wanted to interview told me exactly this. Her father died of a treatable heart condition while stuck on a government waiting list. But she didn’t want to say anything, because another relative was seeking treatment and she feared retribution.

Actually, I’d like to provide a second opinion. There is one thing besides cost that is king in system of PolitiCare, and that’s the kings themselves and their desire to stay on top. You see, patients are treated not by hospital buildings, but by the doctors and nurses working inside those buildings. However in a PolitiCare system, the politicians get re-elected by having a new hospital built in their district, even if their vote to retire doctors leaves those buildings half empty.

Remember when the Soviet Union was on its last legs, and the Soviet air force earned some extra vodka money by selling rides on its jets? Well, it’s kind of like that.  While more than 800,000 Canadians are stuck on waiting lists, large sections of many Canadian hospitals sit empty. What do they do with this empty space? Of course, they rent it out to movie producers to make a little extra money. I felt obliged to take them up on their offer. As I say, “What would Borat do?”

Now the real challenge is getting this movie in front of regular Americans and Canadians. Yet therein lies a common bond between medicine and movies. Both need profits to thrive. So I’m attempting to create a new way for movies to get past the left-wing bottleneck of Hollywood distribution. I want those battling ObamaCare in America and socialized medicine in Canada to make money, lots of money, by showing my movie.

From today until January 31, 2011 anyone (tea partier, Ayn Rand fan, doctor, nurse, Republican or just patriotic person) can become an official screener of my movie for $500. Download it to your laptop computer, plug it into regular projector and get fifty people to watch it for $10.  Congratulations, you just broke even.  Now, keep showing it as many times as you can and make as much money as you can until January 31. But don’t worry, if you live in a remote part of the Aleutian Islands, you can just download a single user version for $5.

Find both versions of the movie at SickAndSickerMovie.com.


Logan Darrow Clements is the former publisher of American Venture magazine. In 2005, he fought eminent domain abuse by trying to take the house of a Supreme Court justice who helped unleash it. Clements’s next movie is already underway, and covers eminent domain battles up close. You can watch trailers and short videos at FreestarMedia.com, including one of a monkey beating Social Security’s return rate with some darts.

JOHN AGLIALORO ON THE ATLAS SHRUGGED MOVIE

BY JOSHUA ZADER

Producer John Aglialoro answers some key questions for the Atlasphere: How is the screenplay different from earlier drafts? How did the filming go? When will the movie be released? What’s in that 10-minute preview clip being shown next month in NYC?

Who is John Aglialoro? Probably no one since Ayn Rand has invested so much in Atlas Shrugged. For nearly two decades he has championed the novel — financially, intellectually, logistically — because he was determined to make a movie that would do justice to Rand’s masterpiece.

Ranked by Forbes Small Business as the 10th richest executive of any small publicly-traded company (revenues under $200 million) in 2007, Aglialoro is one of those rare corporate executives who fully “gets” the philosophical message in Atlas Shrugged. And he wants the rest of the world to get it, too — by seeing it on the big screen.

After fifteen years of negotiations and discussions with networks and major studios, in 2007 it finally seemed his efforts would pay off. A version of the movie produced by Lionsgate Entertainment, with Angelina Jolie starring as Dagny Taggart, looked as if it would enter production.

In an article at the Atlasphere, Robert James Bidinotto reviewed those plans in some detail, and saw reason for hope. We published a short interview with Aglialoro around that time as well. According to one rumor, however, the real-life Jolie proved rather less dependable than her fictional counterpart, and the Lionsgate plans fell through.

After further discussions with studios made it clear none were prepared to act within an acceptable timeframe, Aglialoro made a bold decision. As Chairman and CEO of exercise equipment producer Cybex International, he was no stranger to the challenges of managing a massive budget and meeting a hard deadline. By May 2010, faced with the prospect that his rights to the movie would soon expire, he and Harmon Kaslow elected to dispense with major studios altogether and underwrite the movie themselves as an independent production.

With no studio bosses to interfere with the integrity of the story, Aglialoro recruited Brian Patrick O’Toole to create a new script (learn more here) that would closely follow the original novel. And this time, Aglialoro himself would make sure the movie got made.

 

Taylor Schilling (of Mercy) plays Dagny Taggart

Filming started on June 12th and entered post-production on July 25th.

 

The movie stars Taylor Schilling (of Mercy) as Dagny Taggart, Grant Bowler (of True Blood) as Hank Rearden, and director Paul Johansson (of One Tree Hill) as the novel’s hero, John Galt — whose face is, reportedly, never shown in the movie.

The movie’s Facebook fan page has grown rapidly as screenwriter Brian O’Toole posts behind-the-scenes photos from the set and members try to guess what scenes from the novel are being depicted.

Aglialoro’s decision to make the film himself, with no help from Hollywood studios, has generated plenty of controversy. Was it a rash choice unlikely to yield good results? Or an example of just the sort of no-excuses reliability and determination exemplified by the heroes in Atlas Shrugged itself?

 

You can judge for yourself. Next month, at the December 7th event “Atlas Shrugged: The Making of a Movie” in New York City, fans of Atlas Shrugged will have a chance to not only hear Aglialoro talk but also see a 10-minute clip from the movie. Aglialoro is a longtime trustee of The Atlas Society, which is hosting the event.

In anticipation of this event and the movie’s release early next year, Aglialoro agreed to answer some questions for Atlasphere readers.

The Atlasphere: You’ve been working to bring Atlas Shrugged to the screen for seventeen years. During that time, you’ve faced many ups and downs. What has kept you going for such a long time?

John Aglialoro: Let me give you some background first. I had purchased a fifteen-year lease to make a movie of the book in August 1992 from Leonard Peikoff, now the former chairman of the Ayn Rand Institute. I wanted to outsource the project to a studio, a financing group, or some party who would see what an excellent opportunity it was.

Grant Bowler (from True Blood) as Hank Rearden

 

Over the years there were some great names in the industry who were interested in the project. But year after year passed, and it got to the point where I had to make a decision to finance it myself — and to arrange for the casting and get it done — or lose the movie rights altogether.

One thing that kept me going was that many years back I had made a kind of commitment to Ayn Rand herself. I didn’t make it to her one-on-one personally, although I had actually seen her once, when she gave her last talk at the Ford Hall Forum in 1981. But making the movie was something that I felt as an Objectivist I could carry out one way or another. I wanted to be able to visit Ayn Rand’s grave in New York and say, “We got it done.”

 

John Aglialoro with his wife, Joan Carter Aglialoro

In April of this year I had to make a decision about whether to pursue the project and get filming going by the middle of June or to let my lease on the movie expire.

 

My wife pointed out that if I didn’t do it, it would haunt me for the rest of my life.

And that did it.

TA: You’ve been a successful entrepreneur and now you’ve produced a movie. What challenges did you face in the latter role? How is making a movie different from or similar to running a business?

Aglialoro: In business you need a vision and a team with a strategy, and you need the capital. For the movie we had the vision and the capital. We just needed to gather a team together, although we had a very short runway leading up to the filming. But I found the same elements involved in this project that I had found from owning various types of businesses.

Several years ago my kids gave my wife and me a Monopoly game with various properties or companies we had bought or sold over the years substituted for the ones in the game. The names might be different, but the dynamics of businesses and projects are the same.

One difference between many business enterprises and making the movie was the very short time span we had to pull it together and start filming. June 15, 2010 was the deadline when my option on making the movie would run out. As the date got closer I asked the estate, owned by Leonard Peikoff, for an extension. For whatever reason that he thought it was in his self-interest, he kept us to that deadline. So the last three weeks or so leading up to the deadline were mostly sleepless nights.

 

The Taggart Transcontinental seal, perhaps in the concourse of the Taggart Terminal?

 

TA: In recent years, Randall Wallace and others have each taken a crack at the Atlas script. Since you opted for a trilogy in this latest version, you could obviously include a lot more material from the book. How else is it different from these earlier scripts?

Aglialoro: Actually, there were some six or seven different scripts through the years when I was trying to make the movie. In 2006 we signed a contract with Lionsgate, and they hired Randall Wallace. He wrote an excellent script. It was for a two-and-a-quarter- or two-and-a-half-hour movie of the whole book, and it was amazing to me how he did it. Some of the other scripts had their great points but fell short to some degree. But the Wallace script really made it.

 

Taylor Schilling as Dagny Taggart, Vice-President in Charge of Operations for Taggart Transcontinental

The movie was budgeted at perhaps $70 million. They got Geyer Kosinski, the manager of Angelina Jolie, as well as Jolie herself and a number of other stars connected to the project.

 

Unfortunately, the leadership at that studio couldn’t see fit to carry out that vision of the movie. Ultimately, whether it was politics or something about the storyline or whatever, they didn’t want to put the capital behind the project.

So in the end, in the time and budget we had to make the movie, we simply were not able to carry out Randy Wallace’s script. It would have been a huge undertaking.

The idea for a trilogy came from the talk of a miniseries, which Ayn Rand herself at one point said would be a good idea. We spoke with people at HBO as well as Epic, a new channel connected to Lionsgate.

The latter wanted Atlas Shrugged to be their first large and inaugural work. But that possibility fell through back in February or March of this year.

 

 

 

We couldn’t do a miniseries without a TV station backing the project and we couldn’t do it as a big-budget movie without a studio. So we decided to have a script that pretty much followed the book. The book is in three parts, and 27 percent of the book is part one. We ended part one right at the point where Ellis Wyatt leaves, and it had a tidy ending with a full expectation of the future events.

 

The offices of Taggart Transcontinental

 

TA: After completing the filming, what are you most pleased with about the movie?

Aglialoro: I’m pleased that we pulled it off. And that we have an entertaining movie based on such an important book. We had Paul Johansson as director and we had a great team. We asked Brian O’Toole to take a truly great book and faithfully adapt it as a near-great script for Paul and the team to bring to the screen. That effort was successful, and we shot the film in just under six weeks.

There were some changes to the script along the way, and some things I would have liked to have had added. Those who know the book will remember the scene with Phillip Rearden and his mother going to Hank Rearden’s office to ask for a job for Phillip. I thought that would have made a fabulous little two-minute scene. But we were trying to do so much already that various circumstances kept us from doing everything we would have liked.

 

Matthew Marsden as James Taggart

 

It was very expensive shooting every day. You’re changing aspects of the script to adapt to realities on the set, and in some cases actors who were not on the set because they were traveling or had other obligations. So it was difficult to bring all of these hundred-and-one things together every day, but I was pleased that we carried it out. And it’s an entertaining movie.

 

 

 

 

 

TA: Johansson seems like a passionate individual. How would you describe his style as a director?

Aglialoro: Paul is a hands-on, take-charge kind of guy, and he worked very well with the actors.

Remember, many of these actors came on at a minimum rate just because they wanted to be associated with the project. There was not a lot of rehearsal time. Normally actors get weeks or months to study the nuances of their characters, but for this project time was very short. Paul was able to get them focused on their roles right away.

 

Paul Johansson (of One Tree Hill) directs the movie and plays John Galt, though reportedly his face is never shown

 

I remember we were schooling Taylor Shilling right up to the last several hours in the last evening before shooting in the characterization of Dagny Taggart. She’s got that tall, thin look with a tight-lipped smile that’s very beautiful. She’s a big talent.

 

 

 

 

 

 

In fact, she’s now in New Orleans and about halfway through a three-month shoot on a movie with Zac Efron, a very famous young actor these days. I’m sure they know she’s just finished up Atlas Shrugged, and her reputation should be great for our movie when it comes out.

<<<Youtube Video>>>

TA: Is the movie still on track for a March release — or June, if accepted at a major festival?

Aglialoro: My initial and lingering aspiration was to have February 2, Ayn Rand’s birthday, be the date when it opens. And I recently saw Night of January 16th, Ayn Rand’s play that ran on Broadway in the ‘60s. So I wanted to have a private movie premiere the night of January 16, 2011, and a couple weeks later have the opening.

That sounds so tidy and poetically justifiable, but I think we’re going to have to take a look at March or April. No later than Tax Day, April 15.

 

Grant Bowler and Taylor Schilling as Hank Rearden and Dagny Taggart

TA: Some people think there’s no way you can do Atlas Shrugged justice with a $5 to $10 million budget. What do you say to them?

 

Aglialoro: The full budget is actually much bigger. Remember that in August 1992 I had paid a million dollars or so to Leonard Peikoff for the movie rights. You do add the rights costs to the costs of the movie.

And then there were additional costs along the way. Jim Hart did a very nice script early on. He also wrote Hook and Contact. There were other versions of the script. And there were a lot of other development costs — meetings, travel, legal fees. Those costs since 1992 run between $10 and $15 million.

I think the production costs for this movie are going to run about $10 million. And then we’ll have the marketing costs and some small return on capital.

If the movie does come out in the middle of April we will be costing it right up until then. We still have a fair number of people on the payroll. So we’re looking at total costs of $25 million or more.

But also look at what we got with our production budget. For example, we used red camera technology to film it. It creates digital images rather than images on film. Its software is great for editing. We were able to get the director’s cut of the movie and add some very good visual scenes and other elements in weeks rather than the months it would have taken with film. So it is high tech, and we didn’t scrimp on using red camera.

We also used a fair amount of green screens where we were able to insert some great visual effects and breathtaking scenes. After the director’s cut we had a team that went out to Colorado for two weeks to shoot mountains, valleys, railroads, moving trains, tracks, all sorts of things. I had one professional studio head take a look at the movie, and we think it has the look and feel of a movie with $30 million in production costs.

 

A scene from the movie that uses green screen

 

TA: Are there other independent films with a similar budget, from which you drew inspiration for this project? Or did you just do what you had to do?

Aglialoro: I just did what I had to do. As I’ve said, we had the opportunity to hire many of the actors and others at perhaps 25 percent of what they normally make. I mean when you get a famous actor for a movie, you might have a $30 million price right there.

We had some excellent talent and a few of the actors were journeymen who had done a hundred movies, and they came in at minimum. A lot of people wanted to work on this project. I was stunned.

 

 

If we had had to pay just standard or going rate for cameramen, production designers, and all of these various parts of a movie, this budget would have doubled. So we got lucky.

 

The Old Wyatt Junction Bridge, during a tech scout

 

TA: When will you start filming part two?

Aglialoro: When part one is finished and released. I’m being told I’ll have a lot of options then. Obviously if the movie is successful, as we expect it will be, we should have a few of the larger studios interested in buying the rights and guaranteeing production budgets.

 

 

 

 

 

 

If they see a profitable, successful, and well-done part one, the studios will have the confidence to invest in the later parts. Or we might use our team — we call ourselves Strike Productions, through the corporate heading of Atlas Film Productions — to produce the next parts.

These are still big question marks. We’ll have to see.

 

The prop used as James Taggart’s toy train set in his office is a 1950s relic itself worth over $25,000

 

TA: The country seems thirsty for the vision that Ayn Rand presented in Atlas Shrugged. What effects would you hope the movie would have in our culture?

 

 

 

 

 

 

 

 

Aglialoro: I hope that the political class will be replaced by political leaders with the sense of our Founding Fathers. This is the notion of reluctantly, with great pain and suffering, leaving their farm and their town in order to put two long years into elected office out of gratitude for having the freedom to make their way in the world, to be successful, and to get up every morning and do whatever their sense of life dictates.

 

Dagny and James Taggart, a Portrait

Those are the kinds of political leaders and statesmen who had self-love and love of their country. Today we have people getting out of law school, entering the political class, making a career in government, garnering power, doing all the things that they must do to stay in office and get reelected.

 

They have only a vague motivation, if any, to get society moving in the direction where individuals control their own destinies, where government takes a limited approach to governing.

An obvious solution to this problem would be term limits. If terms were restricted we wouldn’t have career politicians with incentives to concentrate more and more power in government so they can pass out money and favors in their bids for reelection.

 

 

 

 

That’s my hope. It’s a big hope, but we do see that some of the elected folks today seem to be more libertarian and have a great respect for Ayn Rand. So maybe we’re at the beginning of a five- or seven- or eight-decade trend where we repopulate the awful and disgusting political elements that rule Congress, the states, and the regulatory bodies today.

TA: On December 7, in New York, you’ll be speaking at the event “Atlas Shrugged: The Making of a Movie” and showing a clip from the movie. What will we be seeing in this clip?

Aglialoro: We’re going to show the first ten minutes of the actual movie. I can’t be more specific than that, because we’re still in post-production.

 

 

 

 

 

The movie is shot and the film is locked, which means the scenes themselves — what is said, what is shot, external scenes, internal dialogue, with the exception of dubbing and things like that — are as they’ll be in the movie. We now are working on the sound, color, and lighting — a multi-week process. And the actors are contracted to come in for a day or two for any dubbing that may be necessary.

I can tell you that the movie opens in a diner, and on the diner’s TV, on CNBC, we see Wesley Mouch and James Taggart in a studio, and from a remote feed is Ellis Wyatt, as three talk show guests discussing oil and other current events.

And while that dialogue is going on we see in the diner Midas Mulligan. Here we’ve taken some liberties. In the book, at this time in the story, Mulligan was actually out of the picture and in Atlantis.

In the movie we have him leaving the diner, and shortly thereafter a figure — who I won’t name right now — speaks to him and then the scene just cuts.

We’ve had several people from the Objectivist movement see the rough cut of the movie, including Atlas Society founder David Kelley, who actually helped with the some of the script analysis.

So I can’t say exactly what ten minutes you’ll see on December 7, but I’m sure the audience will like it. I hope to see a lot of Atlasphere members there.


Publisher’s note (8 Dec 2010) – Read Richard Gleave’s review for the Atlasphere of what was shown in the ten-minute video clip and what it portends for the final movie.

DEFICIT REDUCTION

BY THOMAS SOWELL

Appointing a ‘deficit reduction commission’ in times of economic crisis is a favorite political show.  But do we really need another layer of bureaucracy to explain basic math?

Another deficit reduction commission has now made its recommendations. My own recommendation for dealing with deficits would include stopping the appointment of deficit reduction commissions.

It is not the amount of money that these commissions cost that is the issue. It is the escape hatch that they provide for big-spending politicians.

Do you go ahead and spend the rent money and the food money — and then ask somebody else to tell you how to escape the consequences?

If President Obama or the Congress were serious about keeping the deficit down, they could have had this commission’s recommendations before they spent hundreds of billions of dollars, handing out goodies hither and yon to their pet constituencies.

I don’t know why people agree to serve on these bipartisan commissions, which save the political hides of the big spenders after they have run up huge deficits. Back in the 1950s, there was a saying: “If you didn’t invite me to the take-off, don’t invite me to the crash landing.”

Deficit commissions make it politically possible to spend money first and get somebody else to recommend raising taxes later. They are a virtual guarantee of never-ending increases in both spending and taxes.

Why provide political cover? Leave the big spenders out there naked in front of the voters! Either the elected officials will change their ways or the voters can change the officials they elect.

There is no special information or wisdom available to unelected deficit commissions that is not available to elected officials. Nor are they more far-seeing than politicians.

Cutting defense spending to save money? That is one of the oldest moves in the liberal play book. Some soldiers may pay with their lives for this, but that could be years from now — and after the next election, which is as far as most politicians think.

The biggest immediate tax issue is whether the Bush tax cuts will be extended for everyone. Here, as elsewhere in politics, sheer hogwash reigns supreme.

Nancy Pelosi claims that the “tax cuts for the rich” cannot be continued because it would be “too costly.” Although former Republican Majority Leader Dick Armey says, “Demagoguery beats data” in politics, here are some data anyway.

The first big cut in income taxes came in the 1920s, at the urging of Secretary of the Treasury Andrew Mellon. He argued that a reduction of the tax rates would increase the tax revenues. What actually happened?

In 1920, when the top tax rate was 73 percent, for people making over $100,000 a year, the federal government collected just over $700 million in income taxes — and 30 percent of that was paid by people making over $100,000. After a series of tax cuts brought the top rate down to 24 percent, the federal government collected more than a billion dollars in income tax revenue — and people making over $100,000 a year now paid 65 percent of the taxes.

How could that be? The answer is simple: People behave differently when tax rates are high as compared to when they are low. With low tax rates, they take their money out of tax shelters and put it to work in the economy, benefitting themselves, the economy and government, which collects more money in taxes because incomes rise.

High tax rates which very few people are actually paying, because of tax shelters, do not bring in as much revenue as lower tax rates that people are paying. It was much the same story after tax cuts during the Kennedy administration, the Reagan administration and the Bush Administration.

The New York Times reported in 2006: “An unexpectedly steep rise in tax revenues from corporations and the wealthy is driving down the projected budget deficit this year.”

Expectations are in the eyes of the beholder — and in the rhetoric of the demagogues. If class warfare is more important to some politicians than collecting more revenue when there is a deficit, then let the voters know that.

And spare us so-called “deficit reduction commissions.”


Thomas Sowell is a Senior Fellow at The Hoover Institution at Stanford University in California. He has published dozens of books on economics, education, race, and other topics. His most recent book is The Housing Boom and Bust, from April 2009.

CAN’T BUY YOU LOVE: MONEY IN POLITICS

BY JACOB SULLUM

The howling over how individuals and corporations spend their dollars in an attempt to influence politics reached a fever pitch this year. But was the fervor warranted?

Two months ago, The New York Times reported that “Democratic officials” believed “corporate interests, newly emboldened by regulatory changes,” were trying to “buy the election.” But it turned out the election was not for sale — at least, not to the highest bidder.

According to data collected by the Center for Responsive Politics, Democrats and Republicans each shelled out $1.6 billion during this election cycle, including spending by candidates, parties, party committees and independent groups. In terms of spending, the two parties were evenly matched. But that is not how it looked on election night.

A closer look provides further evidence that Republicans did not win by outspending their opponents. They got substantially more votes in House races, where they spent less than Democrats yet picked up more than 60 seats (and control of the chamber), than they did in Senate races, where they spent more than Democrats and added half a dozen seats.

The squandered money included $46 million that Linda McMahon, the Republican Senate candidate in Connecticut, spent out of her personal funds, which amounted to nearly $100 for each vote she received. She lost by 12 points. Less dramatically, John Raese, the Republican running for a Senate seat in West Virginia, spent $4.6 million of his own money ($20 per vote) and lost by 10 points.

But this year’s poster child for the lesson that money can’t buy you love is former eBay CEO Meg Whitman, who blew $140 million of her own money ($45 per vote) in her race for California governor against Democrat Jerry Brown, who won by 12 points. Also in California, a marijuana legalization initiative got more votes than Whitman but still lost by eight points, even though its supporters outspent its opponents by 10 to one.

At the other end of the spending spectrum, Slate’s Dave Weigel identified five House races in which extremely thrifty Republicans beat well-funded incumbents after raising far less than the $1 million that is commonly accepted as the threshold for a serious congressional campaign. Four of those Republicans also benefited from significant independent spending, ranging from about $200,000 to almost $1 million.

Analyses by The New York Times and The Wall Street Journal found that independent spending helped Republicans mainly by eroding (but not erasing) the financial advantage enjoyed by incumbents — whose re-election rate, even in this year of supposedly sweeping change, was still about 85 percent.

The role played by “shadowy groups with harmless-sounding names,” as President Obama describes organizations such as the U.S. Chamber of Commerce and Karl Rove’s American Crossroads, should not be exaggerated, however. Money from independent groups, including those favoring Democrats as well as Republicans, came to about $293 million, less than one-tenth of the total.

The amount of independent spending was more than in any previous midterm year and nearly as much as in the last presidential election. But in a different political environment — one in which Democrats were less vulnerable and Republicans had less of a shot at seizing control of Congress — the impact of this spending might not even have been noticed. In a different political environment, of course, the money probably would not have been raised to begin with.

That consideration also makes it hard to evaluate the impact of Citizens United v. FEC, the January decision in which the Supreme Court dismayed Obama and other Democrats by overturning restrictions on the political speech of unions and corporations.

Some of this year’s ads — for example, messages sponsored by unions or nonprofit interest groups that amounted to “express advocacy” or its “functional equivalent” — would have been illegal prior to Citizens United. But much of the money that paid for those messages might otherwise have gone to groups that were already allowed to run campaign ads.

Money clearly matters in politics, because speech cannot travel very far without it. But as disastrously unsuccessful big spenders such as McMahon and Whitman vividly demonstrate, the ability to reach a wide audience does not guarantee that you will persuade anyone.


Jacob Sullum is a senior editor at Reason magazine, and his work appears in the new Reason anthology Choice (BenBella Books). Sullum is a graduate of Cornell University, where he majored in economics and psychology. He lives in Northern Virginia with his wife and daughter.

ISABEL PATERSON: THE WOMAN AND THE DYNAMO

BY KURT KEEFNER

While Ayn Rand rightly gets quite a bit of press lately for her writings, her former mentor Isabel Paterson has been largely forgotten by history. Is it time for a revival?

America in the Eighteenth Century had its Founding Fathers, but freedom in the modern era had Founding Mothers. Three of them, to be exact.

One of them was Ayn Rand, whose 1943 novel The Fountainhead put her on the liberty map. A second was Rose Wilder Lane, with her book Discovery of Freedom. The third was Isabel Paterson, now most famous for her treatise on political economy, The God of the Machine.

Paterson is best known to fans of Ayn Rand because of Rand’s review of The God of the Machine, which various Objectivist book services have promoted. Paterson was also a friend and mentor to Rand. But as Stephen Cox shows in his 2004 biography, The Woman and the Dynamo, Paterson was a notable person of many achievements outside of her connection to Rand.

Paterson was a popular novelist in the 1920s and 30s. She was one of the leading book reviewers in the middle of the Twentieth Century. And she was a staunch critic of the New Deal, totalitarianism, and an interventionist foreign policy.

The Woman and the Dynamo, by Stephen Cox

But Isabel Paterson’s greatest achievement may have been — herself.

Isabel Paterson was born Mary Isabel Bowler in 1886 on a Canadian island in Lake Huron. Her family lived on the frontier, in several places along both sides of the border. Her father seemed to be pursuing get-rich-quick schemes and Mary didn’t have much respect for him.

Like a lot of frontier people, Mary learned how to do many things. She liked to point out later that the frontier was not so devoid of culture as people thought it was. There were a lot of theater companies, for example. And people read voraciously, whatever they could get their hands on.

Mary only had a couple years of formal education. Otherwise she was a classic autodidact. This is, I think, the key to her character. Autodidacts tend to be independent, verging on idiosyncratic. Because they are so good at learning for themselves, they sometimes do not see the benefits of the generally-accepted hierarchy of knowledge. Of course, neither are they bogged down in it.

Paterson’s eclectic self-education made her fit for work as a secretary and a journalist, although she would take other work if necessary. She married, although they didn’t stay together, and she adopted her middle name as her first name. Thus Mary Bowler became Isabel Paterson.

She got her first two novels published when she was 30 and wrote several more over the years. Cox describes them in some detail, but I can’t say they made much impact on me, based on the descriptions. There is a strong autobiographical element to some of the stories, but the characters based on Paterson do not seem to have her zest or wit.

About most of the novels, it would be easy to say that they suffer from a lack of a hero on a grand scale and a well-constructed plot. That would be the standard Objectivist evaluation.

More exact would be to say their characters were created on the scale of real industrialists and merchants of principle, not godlike archetypes. As far as the plots go, they seem intermittently to integrate Paterson’s free market principles at a fundamental level. In her historical novel, The Singing Season, set in late medieval Spain, the central conflict is between a merchant with capitalist ideas and a king who resents him and plots to take his wealth. In other novels, the conflicts are less focused.

Eventually she went East and ended up working for the New York Herald Tribune, a major paper in its day. In 1924 she began a column called “Turns with a Bookworm.” It was supposed to be about publishing news and gossip, but for a quarter of a century it provided Paterson a pulpit on all subjects, but mostly books. She was the most read, most feared personage in the literary world. I wonder whether this column was an inspiration for Ellsworth Toohey’s column, “One Small Voice,” in its influence and eclecticism — though not its principles, of course.

Her wit was impressive — and often caustic. She once said that Hemingway “was as good as one can be without being a great writer…. His characters have no histories and no backs to their heads.” And that’s a mild dose of the vitriol!

Paterson knew Rand mainly in the Forties. They were kindred spirits, but Rand was critical of Paterson’s “mysticism” (which amounted to a kind of deism and a tentative belief in reincarnation) while Paterson was concerned about Rand’s abuse of amphetamines. Paterson was 20 years older than Rand and much better read. Rand literally sat at her feet and soaked up ideas in economics and American history.

But two such strong, opinionated personalities are bound to clash. Paterson did not suffer fools gladly and she could be quite rude and even mean to Rand’s conservative friends. This was too much for Rand and the two went their separate ways.

Paterson’s life in her later years was parallel with Rand’s, in that they both drove off friends. Mercifully, neither of them died bereft of companionship, but most of each woman’s extensive circle was gone.

Isabel Paterson was a fascinating person: brilliant, independent, funny, an American original comparable to Mark Twain or H.L. Mencken. If she’s not as well known as they are, it’s because most of her best pieces, as book reviews, were ephemeral. (Perhaps Cox could oversee a collection of the best of her column, including its amusing cartoons.)

Is there a moral to this story? One does not wish to judge a life too much by its end, because we all die vulnerable; but Paterson’s life, like Rand’s, does offer a cautionary tale of what happens when you hold people to too high a standard.

Most people aren’t very good at thinking in principles, just like most people aren’t very good at math. Those of us who are, should not let this difference make us bitter and excessively critical.

Of course, this lesson takes nothing away from the glory and accomplishments of either Rand or Patterson. Each left an inspiring and important legacy, from which we all may learn.


Kurt Keefner is a writer and teacher who has been published in The Journal of Ayn Rand Studies and Philosophy Now Magazine. He is currently working on a book about mind-body wholism. He lives near Washington, DC, with his wife, the author Stephanie Allen.

THE ‘GRIDLOCK’ BOGEYMAN

BY THOMAS SOWELL

Many activists complain about the phenomenon of party gridlock.  But a look at history shows that nothing provides more benefits to the people than the division and limitation of power.

Whenever the party that controls the White House does not also control Capitol Hill, political pundits worry that there will be “gridlock” in Washington, so that the government cannot solve the nation’s problems.

Almost never is that fear based on what actually happens when there is divided government, compared to what happens when one party has a monopoly of both legislative and executive branches.

The last time the federal government had a budget surplus, instead of its usual deficits, there was divided government. That was when the Republicans controlled the House of Representatives, where all spending bills originate, and Bill Clinton was in the White House. The media called it “the Clinton surplus.”

By the same token, some of the worst laws ever passed were passed when one party had overwhelming majorities in both houses of Congress, as well as being led by their own President of the United States. ObamaCare is a product of the kind of arrogance that so much power breeds.

It was the same story back in the famous “first hundred days” of the New Deal in 1933. The National Industrial Recovery Act of 1933 clamped down on the American economy the kind of pervasive government control seldom seen outside of totalitarian countries.

It was the ObamaCare of its time, but covering industries right down to local dry cleaners. One man was sent to jail for charging less than the government-specified price for pressing a suit of clothes. This typified the mindset of the New Deal.

Fortunately, the Supreme Court eventually declared the National Industrial Recovery Act unconstitutional. But, before that happened, the N.I.R.A. probably did more to prevent the economy from recovering from the Great Depression than any other law or policy. Even liberal icon John Maynard Keynes said at the time that the N.I.R.A. “probably impedes recovery.”

You cannot tell what effect a law or policy will have by what politicians call it, whether they label it a “recovery” program or a “stimulus” program.

Those who fear gridlock in Washington today implicitly assume that government actions are needed to “solve” the economy’s “problems.” That assumption has been so pervasive over the past 80 years that many people fail to realize that the republic existed for nearly twice that long before the federal government intervened to get the economy out of a recession or depression.

During all that time, no depression ever lasted even half as long as the Great Depression of the 1930s, when first President Hoover and then President Roosevelt intervened.

For most of the history of this country, there was no Federal Reserve System, which was established in 1914 to prevent bank failures and the bad effects of large expansions or contractions of the supply of money and credit. But bank failures in the 1930s exceeded anything ever seen before the Fed was established. So did the contraction of money and credit during the Great Depression.

The seductive notion that some Big Daddy in Washington can solve our problems for us — whether healing the sick, preventing poverty or “growing the economy” — is encouraged by politicians for obvious reasons, and the media echo the idea.

Both in Washington and in the media, there is virtually zero interest in comparing what actually happens when the federal government intervenes in the economy and when it does not.

More than a century and a half of ignoring downturns in the economy never produced a depression as deep or as long as the 1930s depression, with its many federal interventions, first under Herbert Hoover and then under Franklin D. Roosevelt.

The unemployment rate was 6.3 percent when the first big intervention took place, during the Hoover administration. It later peaked at 25 percent, but its fluctuations were always in double digits throughout the 1930s, as FDR tried one thing after another. As late as the spring of 1939, nearly a decade after the stock market crash of 1929, unemployment hit 20 percent again.

It is not a matter of faith that a market economy can recover on its own. It is a matter of faith that politicians speed recovery. But there is no way that Barack Obama is going to stop intervening in the economy unless he gets stopped. Only gridlock can do that.


Thomas Sowell is a Senior Fellow at The Hoover Institution at Stanford University in California. He has published dozens of books on economics, education, race, and other topics. His most recent book is The Housing Boom and Bust, from April 2009

NOVEMBER 3 CONTRACT WITH AMERICA

BY LARRY ELDER

While many voters express disgust with runaway government spending, this feeling rarely extends to the most costly entitlement programs that threaten to bankrupt the United States. Why?

On Nov. 2, 2010, the Republican Party recaptured the majority in the House. In the Senate, Republicans now possess numbers sufficient to sustain a filibuster and stop objectionable legislation from getting to the floor.

Obamalism has now been arrested. Voters rose to say no to the two-year gusher of spending and the staggering increases in the annual deficit and the national debt. Under Obama and the Democratic congressional majority, the national debt, as a percentage of GDP, jumped from 69 percent to a projected 94 percent. Voters said, “Enough!”

Now what?

“Governing isn’t as easy as you think,” said retiring Rep. Brian Baird, D-Wash. “Many of you have taken pledges that are contradictory. … You must be honest about the numbers, since our annual deficit now exceeds all discretionary spending combined. If you set as your goal to roll back the size of government, you have an obligation to answer the tough questions and show real courage, not just appeal to ideology. Treat the voters like adults.”

Politicians take contradictory pledges because voters send contradictory signals. Voters oppose tax hikes, even on the so-called rich. They agree that government is too large and understand that the three major drivers of domestic spending — Social Security, Medicare and Medicaid — grow on automatic pilot and saddle future generations with trillions of dollars in unfunded liability.

But voters, especially older ones, still want to spare this or that program or entitlement from the scalpel. Voters dislike ObamaCare. But a majority finds it perfectly acceptable to mandate that insurance companies take on those with pre-existing illnesses. This, of course, stands the concept of “insurance” on its head by forcing companies to assume known risks rather than just unknown ones.

We need a November 3 Contract with America.

This Contract acknowledges that the Founding Fathers designed the Constitution as a contract that limits the size and scope of the federal government, not as a “living, breathing document” that supports whatever desires voters want and politicians grant.

It challenges voters to face up to the train wreck of entitlement programs, annual deficit, national debt and interest payments on the debt. The Contract reduces government’s size and scope so that we never again jeopardize our prosperity — which threatens our national security by robbing Americans of the resources necessary to defend ourselves against our enemies.

The November 3 Contract with America addresses these issues without raising taxes or cutting benefits for those currently receiving them or who will soon be eligible for them.

I. Sell or lease land. The federal government owns about 700 million acres, more than one-fourth of all land in the U.S. For fiscal year 2007, the government valued its land holdings only at about $1 trillion — but that includes a zero-dollar valuation for much of the acreage because it was never “purchased.” The national debt is approximately $14 trillion. The proceeds from sales/mortgages/leases will fund our current and near-term liabilities and, with other changes, will completely eliminate our debt.

II. Social Security. Workers below the age of 55 shall have the option of placing their retirement contributions in private savings accounts.

III. Medicare. Health care needs of those below the age of 55 shall be addressed with individual, tax-free health savings accounts. From these accounts, people can purchase policies with high deductibles, as we do with auto insurance. Non-emergency matters will be paid for out-of-pocket from the accounts.

IV. Medicaid. Those currently on Medicaid must be grandfathered in, but by a date certain, all federal welfare payments will stop. The needs of the needy will be handled by the states and/or by the unparalleled generosity of the American people.

V. Eliminate, privatize, outsource or sell/lease many federal activities. These include, but are not limited to, Amtrak; the Tennessee Valley Authority; government-operated dams and nuclear power plants; the federal student aid grants and loans; public housing; the Food and Drug Administration; the Occupational Safety and Health Administration; the departments of Energy, Education, and Housing and Urban Development; the Environmental Protection Agency; Freddie Mac; Fannie Mae; the National Institutes of Health; and the Federal Housing Administration.

VI. Repeal laws that violate the principle of federalism, such as wage and hour laws; federal minimum wage; the Clean Air Act; the Americans with Disabilities Act; equal pay laws; the Davis-Bacon Act (mandating prevailing union wages for those working under federal contracts); and all federal anti-discrimination laws that apply to the private sector.

VII. Taxes. Eliminate income, corporate, capital gains, dividend and estate taxes. Given the reduced size of government, the limited duties of the federal government as described in Article I, Section 8 of the Constitution will be funded, as the Founding Fathers envisioned, with duties and tariffs.

Conclusion:

The Contract extricates the taxpayers from this unsustainable burden of spending and mortgaging our future. To do so without drastically reducing the size of government is like burning the living room furniture to keep warm. There is no “solution,” only trade-offs.

Let’s begin the conversation, and let it lead to action.


Larry Elder is a syndicated radio talk show host and best-selling author. His latest book, “What’s Race Got to Do with It?” is available now. To find out more about Larry Elder, visit his Web page at www.WeveGotACountryToSave.com.

THE TERMINATOR VS. THE CONSTITUTION

BY JACOB SULLUM

California is now considering a blatantly unconstitutional law that blocks the sale of ‘offensively violent’ video games to minors. But who gets to be the arbiter of taste in this matter? Consider the implications.

Does a zombie count as “an image of a human being”? What about an android or a shape-shifting alien? If his arm regenerates when you hack it off, does that still amount to “maiming”? Are you “killing” him if he comes back to life after you incinerate him with a flamethrower?

These are a few of the questions raised by California’s law against selling “offensively violent” video games to minors. But the most important question is this: Should the Supreme Court, which considered arguments for and against the law on Tuesday, create an exception to the First Amendment at the behest of moral crusaders who, like critics of dime novels, motion pictures, and comic books in earlier generations, see a newly popular medium as an intolerable threat to the youth of America?

California Gov. Arnold Schwarzenegger, who starred in violent movies that have inspired several violent video games, nevertheless argues that the Court should uphold the law (which he proudly signed) by extending the logic of a 1968 decision that allowed states to impose age restrictions on sales of pornography. But that ruling was based on the obscenity doctrine, which holds that certain kinds of sexual material are beyond the scope of the First Amendment even for adults.

The Court has never taken that position with respect to violence. Furthermore, as two industry groups note in their challenge to California’s law, “Depictions of violence, unlike obscenity, have played a longstanding and celebrated role in expression properly consumed by minors, from Greek myths to the Bible to ?Star Wars? and Harry Potter.”

Although California’s law applies only to video games, the principle espoused by its defenders would authorize censorship of other media as well ‒ a point that Justices Antonin Scalia and Ruth Bader Ginsburg, who ordinarily do not agree on much, both made in questions on Tuesday. There is no constitutional basis for distinguishing between video games, a form of artistic expression that tells interactive stories, and books, movies, or TV shows.

The evidence that California cites to support a video game exception has failed to persuade any of the federal appeals courts that have considered this issue. As the U.S. Court of Appeals for the 9th Circuit noted when it overturned California’s law last year: “Nearly all of the research is based on correlation, not evidence of causation, and most of the studies suffer from significant, admitted flaws in methodology as they relate to the state’s claimed interest. None of the research establishes or suggests a causal link between minors playing violent video games and actual psychological or neurological harm.”

In any event, the research does not support the distinctions California wants to draw, since it implicates TV shows as well as video games and cartoonish as well as realistic violence. The trade groups challenging the law note that the state’s main expert witness “admits that even viewing a picture of a gun has the same aggressive effect as playing a violent video game,” while “one of his fellow researchers claims to find nearly identical links between aggressive behavior and reading violent passages in the Bible.”

Although California says it is only “reinforcing parents’ authority,” there is little evidence that parents need the state’s help. They already can use the industry’s rating system, backed up by parental controls built into game consoles, to regulate the games their children play.

Unlike the industry’s age-based ratings, California’s law treats 17-year-olds the same as preschoolers. Its vague standards would encourage the industry to err on the side of labeling games as off-limits to teenagers, while its penalties would discourage stores from stocking such games, thereby affecting adults as well as minors.

Despite the far-reaching implications of the constitutional license California seeks, it complains that it cannot reasonably be expected to supply “empirical proof of how expressive material impacts such nebulous concepts as one’s ethics or morals.” It could avoid this problem if it stopped using such nebulous concepts to justify censorship.


Jacob Sullum is a senior editor at Reason magazine, and his work appears in the new Reason anthology Choice (BenBella Books). Sullum is a graduate of Cornell University, where he majored in economics and psychology. He lives in Northern Virginia with his wife and daughter.