The screen writer (Apr-Oct 1948)

Congress which the Congress itself has not enacted into law. "In brief, by using its power to suspend or terminate employment and to deny writers access to market on account of their views or associations, this combination may strip from the screen its capacity to give free expression to the various conflicting views and attitudes of the several groups which make up the American democracy and may cause all offerings on the screen to follow' a single and appointed line." The complaint describes the "character of the conspiracy" as restraint of trade and deprivation of civil rights. Reference is made to a meeting of the defendants in New York City on or about November 25, 1947, "to appease state and federal legislative committees which were giving wide publicity to what they labelled unAmerican activities and communist infiltration into the motion picture industry." THE defendants are charged with being motivated by a fear of criticism by groups opposed to the free expression of ideas and free dramatization of controversial subjects on the American screen. "Defendants feared loss of profits unless they could avoid unfavorable publicity from any source, however intolerant or hysterical. Defendants were not motivated by a desire either to improve the quality of screen plays or to rid the industry of influences which they themselves considered dangerous. "They knew there teas no com munist or subversive propaganda presented on the American screen. Well knowing all the political views and associations of their employees, they had, prior to the publicity given by the legislative committee, taken no steps to censor their employees. "The aim and purpose of the conspiracy was and continues to be to form a combination of all the producers in the industry to the end that by joint action the entire industry can immediately respond to and appease any wave of hysteria directed at the screen, by offering to blacklist screen writers and other employees who happen to be temporary victims of that hysteria. "They knew that writers of talent and originality would from time 'to time inevitably entertain unpopular views. They knew that if — in the absence of a combination — any single producer should discharge a writer because some group with access to publicity protested, other producers wTould be free to profit by producing and exhibiting his plays. They knew that the standards of un-Americanism set by these legislative committees and other intolerant groups were impossible to define and were largely based on suspicion, hearsay and innuendo. They concluded that in order to enforce these uncertain standards it was necessary to bind each single producer to agree not to compete with other members of the industry by employing any writer whom the group as a whole desired to eliminate from the screen. "In furtherance of the conspiracy thev unanimously agreed on a reso lution (the Association of Motion Picture Producers' action publicized on November 25, 1947) which in effect set up an illegal court to pass on the propriety of the political opinions and the associations of all persons engaged in writing for, directing, acting or assisting in the production of pictures for the screen. "The standards set up by the combination went beyond membership in the Communist Party to include any association, social or political, with persons who advocated reforms or changes in the American politicalsystem which the combination might choose to characterize as an 'overthrow' of government by 'illegal or unconstitutional methods'." In this way, the complaint charges, the defendants did and still combine, conspire and confederate to do the unlawful acts alleged. "These unlawful acts and things have had, are having, and if allowed to go on will continue to have the effect of: "Controlling and restricting the market for the original plays which the individual plaintiffs are capable of producing and were offering for the screen ; "Imposing a paralyzing censorship upon dramatic writing for the screen which, if permitted to continue would result in the elimination of original treatment of vital subjects on the screen ; "Surrendering the integrity of the industry to any intolerant group able to promote a wave of unfavorable publicity with respect to any kind of writing or any type of association ; and "In these, and in other, collusive hr1 1 Screen Writers' Guild Studio Chairmen (June 15, 1948) Columbia — Louella Macfarlane; alternate, Maurice Tombragel. MGM — Anne Chapin ; Studio Committee : Sonya Levien, Joseph Ansen, Robert Nathan, George Wells. Paramount — Richard Breen. Republic — Sloan Nibley; alternate, Patrick Ford. RKO — ■ Daniel Mainwaring; alternate, Martin Rackin. Fox — Richard Murphy ; alternate, Wanda Tuchock. Universal-International — D. D. Beauchamp. Warner Brothers — Ed North. 26 The Screen Writer, June-July, 194S