The Final Word on CBS and “The Reagans”

11-13-03 | jmstein7

[tomakaze]

CBS...

[jmstein7]

PING!

[jmstein7]

PING!

[LiteKeeper]

read later

[JoeSchem]

Elizabeth Egloff, admits that most of the script is made-up, a work of pure fiction – although CBS did not advertise the series as fiction or fantasy.

Writers are notoriously lazy and television writers are the laziest of all. This is especially true when it comes to doing research. I half wonder if this particular writer fantasized a Reagan hit piece less out of ideology and more because she was too lazy to do real research.

"What shall I do today? Stay home, or go to the library and check out some books on Reagan so that my script will be accurate? Well, if I go to the library, I won't be able to snort cocaine . . . . "

[jmstein7]

Yes, but don't forget.. intent doesn't matter.

It doesn't matter if the writer INTENDS the work to be defamatory; it only matters that the work IS defamatory.

That is an important distinction.

[jmstein7]

Con Law PING!

[jmstein7]

PING!

[Eric in the Ozarks]

Is the above your research ? If so, thank you and thanks for posting.

[cake_crumb]

Malice aforethought must be proven, and the contentions of the left with CBS' blessings that The Reagans is drama rather than documentary are simple legal maneuvering to get around defamation or libel suits.

[Alamo-Girl]

Great essay! Kudos to you! Thanks for the heads up!

[jmstein7]

Yup; its my own research.

[Ditter]

So, will it still appear on Showtime?

[jmstein7]

Malice is demonstrable here; read the other article I wrote on that very subject.

[Carry_Okie]

How does defamation substantively differ from slander?

[jmstein7]

Slander is a type of defamation; read the other article I wrote on that very subject.

[JayNorth]

If it's a drama you have a character named "President Keegan" who looks a lot like The Best President This Country Has Ever Had and you have pretty much free rein. If you are a lib you can make him as vile as you wish with no problems. People recognize that it isn't intended to be factual. When you call it a documentary and use real people's names there is a whole different standard. People expect it to be reasonably truthful.

I don't see how we really "won" on this one, however. It will still show on Showtime, and will then be on USA network or those other second or third tier channels over and over for the next many years. I know I'll hear some idiot at a party talking about how "Reagan said those AIDS guys deserved to die" because he saw it on TV.

[Carry_Okie]

Thank you. That clears it up for me considerably.

[MeekOneGOP]

CBS will not broadcast THE REAGANS
on November 16 and 18. This decision
is based solely on our reaction to
seeing the final film, not the controversy
that erupted around a draft of the script.