Picturing Justice, the On-Line Journal of Law and Popular Culture



Larry E. Ribstein

University of Illinois College of Law



I conclude that filmmakers are not anti-business but anti-capital. In other words, the artists who make films want a bigger piece of the pie and, more importantly, bridle at the restrictions that the money guys place on their creativity.


ART AND MONEY IN MOVIES

by Larry E. Ribstein

American movies often seem to be hostile to business. For example, in the popular film Erin Brockovich, we see PG & E poisoning people and then lying about it. As many commentators have pointed out, the truth in that film was much murkier than the filmmakers let on. This perspective is common. Think of the popular film from the year before Erin Brockovich, The Insider, which featured two common themes - the social harm of large corporations, and their suppression of workers who try to rise above corporate morality. Or for an even darker view, consider Glengarry Glen Ross. Moreover, we rarely see the other side of the story - business as a provider of beneficial jobs and products. Films like Other People's Money, or at least Danny DeVito's speech to the shareholders in that movie, are rare. The bias is especially hard to explain when one considers that it appears in films, like Erin Brockovich, that are made and distributed by large conglomerates.

I have written an article that attempts to solve this puzzle by analyzing a significant number of films that deal directly or indirectly with business. I conclude that filmmakers are not anti-business but anti-capital. In other words, the artists who make films want a bigger piece of the pie and, more importantly, bridle at the restrictions that the money guys place on their creativity. One piece of evidence supporting this hypothesis is that worker-owned or controlled firms (e.g., the law firm in Erin Brockovich) pass movie muster, even if these worker-friendly firms are of the bank-robbing variety. The capitalists in control let their workers get away with this subversive message because they do not care what their films say as long as they're making money.

This negative view of capital from the narrow artist's perspective is taking a toll on the general reputation of business and, more important, fuels populist sentiment for more regulation. My thesis supports letting firms speak in their own defense - that is, dropping or relaxing "commercial speech" limits on the First Amendment. It also suggests that movies' message might change if artists become less constrained by capital, as by the digital revolution that could drastically lowers production costs.

Of course, it may be that there is no bias - that business really is bad. But if you believe that, maybe you're watching too many movies. If you would like to pursue this subject, I invite you to view my blog.

Posted November 13, 2003

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