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Science and Film and Its Policy Implications Vanderbilt Journal of Entertainment & Technology Law Volume 11 Issue 2 Issue 2 - Winter 2009 Article 1 2009 Is It Really Possible to Do the Kessel Run in Less than Twelve Parsecs and Should It Matter? Science and Film and its Policy Implications Dov Greenbaum Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the First Amendment Commons, and the Science and Technology Law Commons Recommended Citation Dov Greenbaum, Is It Really Possible to Do the Kessel Run in Less than Twelve Parsecs and Should It Matter? Science and Film and its Policy Implications, 11 Vanderbilt Journal of Entertainment and Technology Law 249 (2020) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol11/iss2/1 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT JOURNAL OF ENTERTAINMENT AND TECHNOLOGY LAW VOLUME 11 WINTER 2009 NUMBER 2 Is It Really Possible to Do the Kessel Run in Less than Twelve Parsecs and Should It Matter? Science and Film and its Policy Implications Dov Greenbaum* ABSTRACT The entertainment media influences our lives in a myriad of different ways-from the way we dress, to the language we use, to the products we buy. What might be less obvious are its influences on nationalpolicies. This Article, an introductory foray into the effects of media on policy, focuses on the effect that movies have on science policies in the United States and around the world. Through an analysis of both classic and recent blockbuster films and concurrent events involving science policies, this Article argues that Hollywood exerts an inordinate amount of influence on national science policies, and even extends beyond that to affect biotechnology markets. Acknowledging this important influence, the Article then examines why this may be the case. While a thorough analysis of related First * J.D., University of California Berkeley School of Law, 2007; Ph.D., Genetics & Bioinformatics, Yale University, 2004; M.A., Genetics, Yale University, 2002; B.A., Biology and Economics, Yeshiva University, 1998. The author recently completed fellowships at Stanford Law School's Center for Law and the Biosciences and concurrently with Branco Weiss Society in Science at Eidgenbssische Technische Hochschule Ziurich (ETH Zirich). VANDERBILT J OFENT. AND TECH. LAW [Vol. 11:2:249 Amendment jurisprudence suggests that some of the most radical solutions to tamp down Hollywood's influences, including limited censorship, may not always run afoul of constitutional free speech rights, this Article nevertheless proposes that the scientific community should take proactive measures to either prevent or hamper Hollywood from promoting bad science policies. TABLE OF CONTENTS I. M EDIA INFLUENCE ...................................................................... 254 A. Anecdotal Evidence of the Media's Effect on Individual L ifestyle D ecisions................................................................ 256 B. Evidence of Media Effect on Public Policy .......................... 259 C. Large Scale Studies on the Relationship of Media and Personal Decisions ....................................................... 260 1. Violence in the M edia ..................................................... 260 2. Suicide in the M edia ....................................................... 262 3. Other Instances of Media Influence .............................. 264 a. M edical Testing ........................................................ 264 b. D rugs and Teenagers................................................ 264 c. CSI Effect on Juries .................................................. 265 II. WHY THIS CURRENT ANALYSIS IS IMPORTANT ........................... 265 A. M ethod/Ability to Analyze .................................................. 266 B. Challenges to (and Limitations on) This Kind of A n a lysis ................................................................................ 267 1. Nature of the Cause and Effect Relationship ............... 267 a. Why We Believe in Films .......................................... 267 b. Other Effects of Bad Science in Film and T elevision .................................................................. 268 C. Important Caveats Regarding This Analysis ..................... 270 III. PRELIMINARY SUGGESTIONS OF EFFECT ................................... 272 A. Science Already Gets a Bad Rap ......................................... 273 B. Science Gets a Bad Rap in Movies and Television ............. 274 IV . PARTICULAR EXAMPLES .............................................................. 276 A . M ovies in G eneral................................................................ 276 B . Specific M ovies ..................................................................... 277 1. Godzilla and the Atomic Bomb ...................................... 277 a. P lot Synop sis ............................................................ 278 b. Politicaland Historical Background....................... 279 c. A nalysis ..................................................................... 280 2. The China Syndrome and Nuclear Power ..................... 282 a. P lot Synopsis ............................................................ 284 b. Politicaland Historical Background....................... 285 2009] SCIENCE AND FILM 251 c. Analysis ..................................................................... 286 3. JurassicPark and Cloning ............................................. 289 a. Plot Synopsis ............................................................ 290 b. Analysis ..................................................................... 290 c. Policy ......................................................................... 292 i. Effect on Scientific Theories ............................. 292 ii. Effect on the Biotech Industry ......................... 292 4. Gattaca and Genetic Engineering ................................. 294 a. Politicaland H istoricalBackground ....................... 295 b. Plot Synopsis ............................................................ 296 c. Analysis ..................................................................... 297 i. National Debate on Genetic Discrim ination .................................................... 297 ii. Genetic Information Nondiscrimination Act ....................................................................... 299 5. Outbreak and AID S ........................................................ 300 a. Plot Synopsis ............................................................ 302 b. Analysis ..................................................................... 302 c. Science Policy ............................................................ 303 6. The Day After Tomorrow & Global Warming ................ 304 a. Politicaland H istoricalBackground ....................... 304 b. Plot Synopsis ............................................................ 306 c. Analysis ........................................................... 306 d. Science Policy ........................................................... 307 V. SUGGESTIONS FOR BETTER REPRESENTING SCIENCE IN THE M EDIA .............................................................................. 308 A. Issues in Dealing with Scientifically Inaccurate Films .................................................................................... 309 1. Who is a Scientist and Who Legitimately Represents Science? .............................. .... .. ............ ....... 309 2. Role of the M edia ............................................................ 312 B. Intervention with the M edia ................................................ 313 1. Ex Ante ........................................................................... 313 a. Consulting................................................................. 313 b. Industry-Wide Guidelines ........................................ 314 2. Ex Post ............................................................................ 315 a. Scientifically Oriented Film Reviews ...................... 315 b. Governm ent Intervention ......................................... 317 i. Constitutionality of Censorship ........................ 319 ii. Historical First Amendment Analysis ............. 321 iii. Current First Amendment Analysis: Subject M atter ................................................... 323 iv. Current First Amendment Analysis: VANDERBILTJ OFENT AND TECH. LAW [Vol. 11:2:249 M edium of Expression ....................................... 324 v. Current First Amendment Analysis: Nature of the State's Control ............................ 326 vi. First Amendment Theories ............................... 327 vii. False Statements in First Amendment T h eory ................................................................ 328 viii. Crime-Facilitating Speech ................................ 331 c. Non-Governmental Intervention .............................. 332 VI. CONCLUSION: USING THE MEDIA TO SCIENCE'S A D VAN TA G E ................................................................................ 333 Mundus vult decipi: the world wishes to be deceived.1 Hollywood fulfills our desires for fictional reality through the creation of movies that promote the suspension of disbelief. This Article
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