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Disney fires James Gunn from "Guardians of the Galaxy Vol. 3"

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Okay, I kinda promised my take on this whole thing, and even though I still don't really want to actively get into this mess, I think I'll make a few statements (because I'm that important, and you're all dying to know my opinion).

In my opinion, James Gunn shouldn't have been fired. Also, Roseanne Barr shouldn't have been fired, at least not as quickly as it happened. And the reason is Freedom of Speech.

Now, I get that, legally, your First Amendment only applies to the Government, and that private businesses can do however they please. But I'm not talking about the legal issue, I'm talking about the moral and social issue. The idea behind Free Speech is that you can say whatever you want without fear of punishment, without censorship. It is something that is highly important for a functioning democratic society, because once the precedent is given that you can censor somebody for one thing, it is that much harder to argue against censoring somebody else for another thing. It's the most slippery of slippery slopes.
Freedom is always the Freedom of the Other, too, or however the saying goes, but you know what I mean. Or, to quote The Drumhead: "With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."
So, Free Speech is something to be held up against all kinds of odds, because it is that important. And therefore, we shouldn't just accept private corporations trying to punish an employee for expressing themselves. We certainly shouldn't support this. Because we don't trust our government to be responsible with what speech is allowed and which isn't, but we trust big corporations with no democratic control mechanisms whatsoever?

Now, I'm allowing for the argument of not wanting to lose business, although my own personal feeling would be that corporations as big as Disney should be able to carry that burden. So, okay, it's kind of understandable for a company to fire an employee if they feel that public opinion against that employee is so strong they'd boycott the company in order to punish said employee. And while it can feel like mob rule at times, it is at least some form of semi-democratic process.
But the problem there is that, with both Barr and Gunn, Disney didn't even wait for an actual public opinion to form. In Barr's case, especially, where she was fired less than twenty hours after her tweet. That's the company trying to guess public opinion. And while they were kinda right on Roseanne Barr, the case is way less clear with Gunn. Right now, from what I've seen and heard on- and offline is that people tend to disagree with Disney (that could be my own bubble, though). In any case, it is a dangerous situation for society when a private company, especially one as dominatingly big (and about to get even bigger) as Disney, is penalizing employees for what they say outside of work.


Now, on the second, less important and far more personal issue, the jokes. My feeling is that there's no topic you can't joke about. To para-phrase Ricky Gervais: No, pedophelia and rape are not funny. But jokes about pedophelia and rape can be funny. Because jokes can be many things, they can be for something, they can be against something, they can be indifferent to it. In fact, instead of para-phrasing Gervais, I think I just link to his talking about this subject on Jim Norton's podcast:
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Another way to put it, racist jokes aren't funny, but jokes about racism are brilliant. And they are almost indistinguishable on a superficial level, the difference comes with context, with who is telling the joke, and to whom. So, yes, that is another difference between Barr and Gunn. I do believe that Barr is a racist, but I don't think Gunn is a pedophile. That said, Gunn's jokes were just not funny. It's not their topics were bad, but they were just shitty comedy.

And, yes, even though I find pedophilia to be despicable beyond measure, I have laughed about jokes about pedophilia (off the top of my head, I remember jokes from Gervais, Jim Jefferies, Family Guy, and I'm sure there are more). Just as I have laughed about jokes about murder, accidents, wars, Hitler, and a whole lot of other topics that some people apparently can't be turned into humor. As Steve Allen used to put it, "Tragedy plus time equals comedy". And the remaining problem is to decide whether a tragedy is long enough ago to be funny, or if it's "too soon".
 
You say that Rosanne shouldn't have been fired for reasons of freedom of speech, but the swiftness in which it happened made me think it was possibly a breach of contract issue. ABC knew who they were dealing with and there very well might have been a clause in her contract forbidding her to go off the reservation.
 
You say that Rosanne shouldn't have been fired for reasons of freedom of speech, but the swiftness in which it happened made me think it was possibly a breach of contract issue. ABC knew who they were dealing with and there very well might have been a clause in her contract forbidding her to go off the reservation.

While, yes, that's possible, it is also speculation. From what I know, I stand by my assessment.
 
Nope, it's the characters themselves, comic or movie versions, and all characters related to them - exclusive and in perpetuity, lock, stock and barrel. (Again, this contract was drawn up long before Disney entered the picture.) WDW can advertise upcoming films, provided they NOT use the Marvel name (not even Disneyland can use it). They can sell merchandise featuring the movie characters, but NOT in the parks themselves. On the other hand, Universal themselves can't use the movie versions in any way, shape or form.

The only way that changes is if either a) Universal themselves decide to give the rights back to Disney - not happening - or b) Disney can legally prove in court that Universal's use is a poor representation of Marvel and/or doing material harm to Marvel's business.

If you're right, that clearly does not apply to the international properties. https://www.orlandoweekly.com/Blogs...re-going-all-in-on-marvel-yes-even-in-orlando

EDIT: Found the details - http://fortune.com/2018/04/09/disney-orlando-marvel-universal/
 
You say that Rosanne shouldn't have been fired for reasons of freedom of speech, but the swiftness in which it happened made me think it was possibly a breach of contract issue. ABC knew who they were dealing with and there very well might have been a clause in her contract forbidding her to go off the reservation.

I think the issue with Rosanne was never that she shouldn't be fired or how many people we have seen get fired over things is the speed in which it happens. Makes more sense to have some kind of process to make sure things are what they are. I mean it's clear now she should be fired and frankly should have never been hired from the beginning but their is no way anyone can get all the facts in and be 100% sure about anything in just a single day. In that way you can say things like what happened to that writer/producer on "Flash" I think it was who got suspended and then got fired and what happened to Chris Hardwick who got suspended and then allowed back are kind of examples of what people expect. Take any allegation serious or any issue really. Do a investigation and then make a choice that looks like you treated it serious and respected all the people involved seriously. Then make your decesion. Not sure why rash judgments are considered a good thing.

As for the free speech I agree but I also understand the side that these people represent your company and what they do means it reflects on your business. I'm not sure if their is perfect answer to make both things be treated fairly. It's why I am less forgiven of Roseanne than Gunn. Both firings were okay legally I am sure from a technical point but frankly I trust Gunn to be a better person than Roseanne and how he did it and when he did as opposed to her makes me side more with him. I find it easier to forgive him because it was so long ago,it didn't involve a real person and he doesn't have a long history of treating people badly. Not to mention it was started by trolls for political reasons and not some response of something he did recently that angered people. With Gunn I actually more issue with people's inability to forgive than even Disney firing him because they knew people seems to have lost the ability to look at context and forgive even the most minor offenses.

Jason
 
ABC knew who they were dealing with and there very well might have been a clause in her contract forbidding her to go off the reservation.

I'm pretty sure the "don't act stupid in public" clause is in most contracts.
 
Yeah. We've gone from "We saw your boobs" to "inclusion riders..hoooo!"

Anyway, for whatever reason, Seth seems to get away with these sorts of boys will be boys antics in a way others can't.

I think if he did it this year, I don't think he would get away with it.
I would also like to think that Seth is savvy enough he wouldn't be dumb enough to do "We saw your boobs" in the current climate.
 
I think if he did it this year, I don't think he would get away with it.
I would also like to think that Seth is savvy enough he wouldn't be dumb enough to do "We saw your boobs" in the current climate.

Isn't the whole thing about Gunn that this was in the past, though? "We saw your boobs" wasn't nearly as long ago as Gunn's tweets, and got far more exposure. Not that I'm defending Gunn, here, but sometimes I really don't understand why Seth seems so...untouchable. All I can think of is that "offensive" humor tends to get a pass when it's funny enough. Sometimes when I feel he crosses the line (usually it's crudeness that does it for me, especially in prime-time I also can't deny that I still laugh, but I sort of simultaneously hate myself because of it...

It's when the jokes bomb, like the forced one-penis-joke-per-episode formula on The Orville, where I want to start a hashtag movement against the guy.
 
I thought "We saw your boobs" was a satire on Hollywood use of nudity to begin with. It was making fun of the Hollywood system more than being some frat boy "Revenge of the Nerds" thing were they break in and put camera's in the girls dorms.

Jason
 
Now, I get that, legally, your First Amendment only applies to the Government, and that private businesses can do however they please. But I'm not talking about the legal issue, I'm talking about the moral and social issue. The idea behind Free Speech is that you can say whatever you want without fear of punishment, without censorship. It is something that is highly important for a functioning democratic society, because once the precedent is given that you can censor somebody for one thing, it is that much harder to argue against censoring somebody else for another thing. It's the most slippery of slippery slopes.

Except it isn't about saying whatever you want, whenever you want, it's specifically about being able to make open criticism of your government.

Freedom of Speech does not exist sans limitations, nor should it. Democracies all over the world function perfectly well within those limitations and are stronger for it and don't fall victim to a slippery slope. Germany functions quite well with a ban on Holocaust denial, most civilised countries have censorship on incitement to racial hatred or public disorder.

To para-phrase Ricky Gervais

Never do that.

And, yes, even though I find pedophilia to be despicable beyond measure, I have laughed about jokes about pedophilia

Presumably you've never actually been the victim of a paedophile then? Finding the act despicable from the outside is a far cry from understanding the impact such "jokes" (they weren't, they were just comments designed to be offensive and shock) has on people suffering that trauma.
 
it's specifically about being able to make open criticism of your government.
Without implication one way or another regarding the veracity of the overall points that the other poster is trying to make, in the United States what you are saying is in fact incorrect. The First Amendment does not qualify free speech; it simply says that no law can abridge it. Open criticism of the government is clearly covered, but so is a lot of other shit.

In the US, limitations to free speech do not derive from the First Amendment itself, but rather when right to free speech is balanced against other rights. Established limitations are thus incredibly narrow, especially by comparison with other liberal democracies.

https://en.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States
https://en.wikipedia.org/wiki/Hate_speech_in_the_United_States

American culture is rather ingrained against the kind of limitation that you are proposing. It seems to work well enough in other cultures. When I am abroad, I respect that. But when we think of "free speech," we really mean all but unrestricted speech. I fully expect this to seem as foreign to you as the concept of government proscribing certain kinds of speech seems foreign to us.
 
I thought "We saw your boobs" was a satire on Hollywood use of nudity to begin with.

I think what you're describing is called plausible deniability. It's pretty obvious Seth is basically a 13 year old in a middle-aged man's body who actually is grateful for (rather than critical of) all of the celebrity nudity and takes pleasure in saying words like "boobs" repeatedly on national television with all-ages watching. Ted 1 and 2 were kind of semi-autobiographical that way...and The Orville is pretty much the embodiment of adolescent wish-fulfillment. And I say that with all due respect to the fantasies and aspirations of hormonal 13 year old boys everywhere. But those impulses are also what is in the cross-hairs of today's culture. So he is walking a tightrope and Gunn is an example of what happens when you fall off.
 
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Without implication one way or another regarding the veracity of the overall points that the other poster is trying to make, in the United States what you are saying is in fact incorrect. The First Amendment does not qualify free speech; it simply says that no law can abridge it. Open criticism of the government is clearly covered, but so is a lot of other shit.

In the US, limitations to free speech do not derive from the First Amendment itself, but rather when right to free speech is balanced against other rights. Established limitations are thus incredibly narrow, especially by comparison with other liberal democracies.

https://en.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States
https://en.wikipedia.org/wiki/Hate_speech_in_the_United_States

American culture is rather ingrained against the kind of limitation that you are proposing. It seems to work well enough in other cultures. When I am abroad, I respect that. But when we think of "free speech," we really mean all but unrestricted speech. I fully expect this to seem as foreign to you as the concept of government proscribing certain kinds of speech seems foreign to us.

From your link:

Categories of speech that are given lesser or no protection by the First Amendment include obscenity (as determined by the Miller test), fraud, child pornography, speech integral to illegal conduct,[9] speech that incites imminent lawless action, and regulation of commercial speech such as advertising.[10][11] Within these limited areas, other limitations on free speech balance rights to free speech and other rights, such as rights for authors over their works (copyright), protection from imminent or potential violence against particular persons, restrictions on the use of untruths to harm others (slander), and communications while a person is in prison. When a speech restriction is challenged in court, it is presumed invalid and the government bears the burden of convincing the court that the restriction is constitutional.[12]

No country, including the US, has the sorts of unfettered freedom of speech proposed by @Kai "the spy" , in fact the First Amendment specifically prohibits child related profanity and incitement to criminal acts, both of which could be reasonably said to characterise some of Gunn's comments.

Equally the First Amendment contains an often neglected exception for Intentional Infliction of Emotional Distress, which again could be very easily argued to apply.
 
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See, this is why I really didn't want to say anything. *sigh*

Except it isn't about saying whatever you want, whenever you want, it's specifically about being able to make open criticism of your government.

No, that's the First Amendment. The First Amendment is about Freedom of Speech, but Freedom of Speech is not equal to the First Amendment. I thought I was quite clear that I was talking about the spiritual principal of Free Speech, and not the legally binding First Amendment.

Freedom of Speech does not exist sans limitations, nor should it. Democracies all over the world function perfectly well within those limitations and are stronger for it and don't fall victim to a slippery slope. Germany functions quite well with a ban on Holocaust denial, most civilised countries have censorship on incitement to racial hatred or public disorder.

I actually live in Germany, and what I see is actual Holocaust deniers talking to each other in code while being able to play the shittiest of victim cards.

Incitement is actually a very specific issue, and even there people find code to get their messages across. While I don't totally disagree with laws against incitement, I also see right-wingers using their codes, and when confronted they have deniability. Alexander Gauland and his consorts of the Alternative for Germany are masters in this.

Never do that.

Even if he has a point?! If you're dismissing an argument based on who said it, then all it tells me is you can't actually argue against it on its own terms.

Presumably you've never actually been the victim of a paedophile then? Finding the act despicable from the outside is a far cry from understanding the impact such "jokes" (they weren't, they were just comments designed to be offensive and shock) has on people suffering that trauma.

And that's the shittiest thing you could have done. Because, what am I to do? Do I have to have been abused as a child before I can comment on it? And, given that this is your presumption, isn't this just you trying to shut down someone who disagrees with you?

And suppose I actually was sexually abused as a child. Or do you think it is absolutely 100 % impossible for a former victim of child abuse to laugh about jokes about child abuse? Could it not enter your mind that humor can also be a form of dealing with trauma? There are Jews making jokes about the Holocaust, you know. Black people making fun of racism. But it's absolutely impossible for victims of pedophilia, right?! Not a single one could laugh at jokes about pedophilia.

I'm not saying that I was, I'm not saying that I wasn't. Let's just assume for a moment that I was. If I were any less able to argue my point, you would have just forced me to come out of this particular closet on a public message board. Because if I wouldn't, then your point would stand and everyone would assume that I obviously wasn't, and therefore my arguments were invalid, and you would win the argument in the public, while I would be hurt that much more to have my own trauma used against me. And even if I came out and said that I was a victim of child abuse, would you even trust me to tell the truth there?! It is the internet, after all.

So, yeah, this is the worst and absolutely shittiest arguments to make, it has nothing to do with the issue while pretending to have everything to do with the issue, because it equates the theme of the joke with the joke itself. Stop equating the joke with the topic of the joke. Pedophilia is not funny, BUT a joke about pedophilia CAN be funny.
 
Cornell Law School says this about the First Amendment...

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances. It was adopted into the Bill of Rights in 1791. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments.

https://www.law.cornell.edu/wex/first_amendment
 
No, that's the First Amendment. The First Amendment is about Freedom of Speech, but Freedom of Speech is not equal to the First Amendment. I thought I was quite clear that I was talking about the spiritual principal of Free Speech, and not the legally binding First Amendment.

And sadly you were wrong, at least in my experience of living on both sides of the pond.

People in the US talk about Freedom of Speech a lot, it imbues a great deal of the self perception but in practice are actually far more censorious than we are in many ways. This is why they have such a litigation culture around libel, have such morally uptight views on pornography in the media and sexual expression (and yes, I know where you work), why many schools still refuse to teach evolution, why in some states there are still such tight laws around the specifics of private consensual sexual expression, why they talk about a free citizenry and the Second as a bulwark against the power of government but nonetheless view "anti American" as one of the vilest insults possible.

The "Spirit of Freedom of Speech" is every bit as selective in the US as anywhere, if not moreso and protected by the very fact of a blindsiding cultural self perception.

Incitement is actually a very specific issue, and even there people find code to get their messages across. While I don't totally disagree with laws against incitement, I also see right-wingers using their codes, and when confronted they have deniability. Alexander Gauland and his consorts of the Alternative for Germany are masters in this.

Most countries have some variation on laws against incitement and is defined slightly differently in different locales and legal contexts. That they get circumvented is a valid discussion in it's own right but not sure what it has to do with the matter at hand?

And that's the shittiest thing you could have done. Because, what am I to do? Do I have to have been abused as a child before I can comment on it? And, given that this is your presumption, isn't this just you trying to shut down someone who disagrees with you?

No, the shitty thing would be to pretend the views of those victims shouldn't be considered and that being untouched as outsiders qualifies people to comment on the damage caused by using their plight as shock humour. The shitty thing would be to claim the views of a non victim on that impact are in any way comparable to or carry as much weight as those of the actual sufferers of the crimes being "joked" about.

Just to be clear, I work with many such people, both as victims and offenders. I was also raised in no small part within a care setting, read into that what you may.

I can assure you the psychological impact of casually reopening those wounds for people as a form of derogatory humour in the public domain can't be overstated and simply has no place in a civilised society, regardless of what Ricky Gervais of all people, ignorant fuckwit that he is, believes.
 
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Isn't the whole thing about Gunn that this was in the past, though? "We saw your boobs" wasn't nearly as long ago as Gunn's tweets, and got far more exposure. Not that I'm defending Gunn, here, but sometimes I really don't understand why Seth seems so...untouchable. All I can think of is that "offensive" humor tends to get a pass when it's funny enough. Sometimes when I feel he crosses the line (usually it's crudeness that does it for me, especially in prime-time I also can't deny that I still laugh, but I sort of simultaneously hate myself because of it...

It's when the jokes bomb, like the forced one-penis-joke-per-episode formula on The Orville, where I want to start a hashtag movement against the guy.

No. The thing with Gunn wasn’t that the tweets were in the past, but dragged into the context of the present. Dragged into the present by a right wing asshole. The difference between Gunn and MacFarlane is that Gunn has been very active against the right wing on Twitter. While MacFarlane is liberal and posts from that point of view, I don’t think he’s taken the right on so much as Gunn.

But, also think he gets a pass for the boob joke, because it didn’t cross the line for enough people. Rape and pedophilia is offensive to enough people, it’s bad. It’s still considered ok enough to make sexist jokes, because we are still a sexist society. Thus #metoo.

I don’t think he would make the joke today.
 
Now things are getting serious.

Bautista will not appear in .Vol 3 unless Gunn's script is used

https://www.shortlist.com/entertain...ians-of-the-galaxy-firing-quit-twitter/368730

“Nobody’s defending his tweets, but this was a smear campaign on a good man, I spoke to Chris Pratt the day after it happened and he’s a bit religious so he wanted time to pray and figure it out, but I was more like: f*ck this. This is bullsh*t. James is one of the kindest, most decent people I’ve met.” Bautista said in an interview with Short List. “Where I’m at right now is that if [Marvel] don’t use that script, then I’m going to ask them to release me from my contract, cut me out or recast me.”
 
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