Hollywood Makes Case for ‘Zero Dark Thirty’

http://www.nytimes.com/2013/01/20/movies/hollywood-makes-its-case-for-zero-dark-thirty.html

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LOS ANGELES — Hollywood is pushing back, at least a little, against the Washington power players and others who have put the squeeze on “Zero Dark Thirty.”

In the last week, Mark Boal, who is a producer of the film and wrote the screenplay, hired Jeffrey H. Smith, a prominent lawyer who specializes in domestic security and First Amendment issues, Mr. Smith confirmed on Friday. His mission is to represent Mr. Boal with regard to any approach from Congress or the executive branch in connection with their inquiries into the film’s depiction of torture in the hunt for Osama bin Laden.

Meanwhile, Christopher J. Dodd, the president of the Motion Picture Association of America, raised a warning on Friday for those who are calling for investigations into the film.

“There could, in my view, be a chilling effect if, in the end of all this, you have a screenwriter or a director called before an investigating committee,” Mr. Dodd said. He stressed that he was speaking for himself rather than for the association’s member studios, including Sony Pictures, which released “Zero Dark Thirty.”

Mr. Dodd, who served five terms in the Senate before retiring in 2010, said he could not recall another movie being so heavily scrutinized by the government. He expressed concern that the military or other government agencies that have routinely helped filmmakers might withhold future cooperation rather than risk similar pressure.

“ ‘JFK’ and ‘All the President’s Men’ were controversial,” Mr. Dodd said, noting that neither of those films seemed to draw the same level of attention from lawmakers.

Three senators — Dianne Feinstein of California, Carl Levin of Michigan and John McCain of Arizona — have publicly criticized “Zero Dark Thirty” because they believe it sent a message that torture was an effective tool in the hunt for Bin Laden. In a Dec. 19 letter to Michael Lynton, the chairman and chief executive of Sony Pictures, they asked the studio to act to change that impression, without specifying what they expected it to do. (The film had a limited theatrical run late last month, and was released more broadly on Jan. 11.)

In two letters sent in December to Michael Morell, the acting director of the Central Intelligence Agency, the senators, citing their affiliation with the Select Committee on Intelligence, asked that the agency provide information and documents about its contact with the filmmakers.

On Friday, Mr. Dodd said he initially screened “Zero Dark Thirty” at the Motion Picture Association’s Washington headquarters for Ms. Feinstein, whom he described as a close friend. “She had problems with it,” he said.

Ms. Feinstein’s objections have centered on what she has said is a portrayal of the efficacy of torture that is at odds with accounts that have been provided to Congress in the past by intelligence operatives.

In the meantime, Mr. Smith, a former general counsel of the C.I.A. who has represented Henry Kissinger, Robert McNamara and other former government officials in security-related matters, confirmed in an e-mail that he represents Mr. Boal.

The government inquiries “raise serious questions about the nature of the cooperation between the government and those who seek to make films about sensitive and important issues,” Mr. Smith said in a brief statement.

To date, he said, Mr. Boal has not been contacted in connection with the inquiries.

Last week Kathryn Bigelow, the film’s director, made her strongest public statement to date about the torture controversy.

“Those of us who work in the arts know that depiction is not endorsement,” she said in a statement published in The Los Angeles Times. “If it was, no artists would be able to paint inhumane practices, no author could write about them and no filmmaker could delve into the thorny subjects of our time.”

Torture, she added, “is a part of the story we could not ignore.”

The criticism of “Zero Dark Thirty” has extended beyond Washington and included members of the film industry. Last weekend, as Hollywood gathered for the Golden Globe Awards, the actors David Clennon, Edward Asner and Martin Sheen — all members of the Academy of Motion Picture Arts and Sciences — were organizing a public condemnation of the film for what they have called its “tolerance” of torture.

That push prompted a public response by Amy Pascal, the co-chairwoman of Sony Pictures, who called it “reprehensible.” Jessica Chastain, the film’s star, was honored as the year’s best dramatic actress at the Golden Globes, and the movie has received five Oscar nominations from the academy, including one for best picture. Ms. Bigelow was not nominated for a directing Oscar, leading to speculation that the torture controversy had worked against her selection.

After the Golden Globes, Mr. Boal flew to Europe to promote “Zero Dark Thirty” as it opened in Britain and France.

In a series of e-mails, Mr. Boal said he found the reception to the movie there to be “much smoother” than in the United States.

European interviewers appeared to regard the torture controversy more as a reckoning among Americans than as something that directly involved them, he said.

And in France, he said, a number of interviewers compared the film’s airing of the torture issue “favorably to France’s allergy to and even censorship of” movies about its role in Algeria’s war for independence.

“We might bicker,” Mr. Boal said, “but at least we face the past in my country. Sorta.”

<NYT_CORRECTION_BOTTOM> <p>This article has been revised to reflect the following correction:

Correction: January 20, 2013

<p>An earlier version of this article misstated the title of Michael Lynton at Sony Pictures. He is the chairman and chief executive, not the co-chairman.