Government

The Hollywood Blacklist And Gina Carano

She was fired for a series of off-color tweets. She was fired, not boycotted.

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Disney fired Gina Carano.

The internets blew up. Screams of cancel culture and comparisons to the Hollywood Blacklist emerged in abundance.

I have no opinion on her firing. I do, however, have a strong opinion about comparing her firing to the Hollywood Blacklist. It’s wrong, for so many reasons. So please stop doing it.

Let’s explore this comparison with five key points:

  • Carano was fired, not boycotted. The Hollywood Blacklist was a group boycott. Anyone on that list was believed to be a member of the Communist Party USA (CPUSA) or a leftist group with intent to overthrow the government. The House Unamerican Activities Committee (HUAC), the precursor to McCarthyism, called witnesses to discover how deeply Hollywood, academia, and other industries were entrenched with communists. Refusal to testify for any reason put you on the Blacklist. If someone named you, you were put on the Blacklist. Any hint of sympathy for the CPUSA put you on the Blacklist.  

 

What made it a boycott was that it was concerted action by all of the studios.  They agreed to not hire communists. The studios issued a joint statement:  “We will not knowingly employ a communist or a member of any party or group which advocates the overthrow of the government of the United States by force, or by any illegal or unconstitutional method.” History shows the label “communist” included people who were merely advocating for things such as increased wages.

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  • Carano was fired by one employer, she wasn’t shunned. It wasn’t a day later that she was announced to have a film deal. She received public support on social media, from pundits, and politicians. That is different from people being afraid to have lunch with you out of fear of being Blacklisted as well.  

 

  • Disney fired Carano for tweeting some controversial and odd things, not for being a “conservative.” Apparently, the last straw for Disney was a ham-handed comparison between current political tensions and Nazi Germany. While I’m of the belief that one does not compare Nazi Germany to anything but (checks notes) Nazi Germany, others are very keen to do so. Regardless, Disney was outraged, and it wasn’t Disney’s first outrage about Carano. Meanwhile, one could end up on the Blacklist even for doing absolutely nothing.  

 

  • When Carano was fired, members of Congress supported her. Members of the Blacklist were dragged before Congressional Committees, often without counsel, where they were forced to cooperate, assert First Amendment, or assert Fifth Amendment. The comparison between Carano and the Blacklist fails to acknowledge the interplay between the Hollywood boycott and the Federal government’s activities. Asserting your rights before HUAC put you on the Hollywood Blacklist.  

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  • Carano was fired, not under FBI surveillance. The interplay between the Blacklist and the government did not end at hearings. Some members of the Blacklist were under constant surveillance.  

 

In other words, this wasn’t a one-off firing for a series of bad takes on Twitter. It was a systematic program to silence leftists. The kind conservatives are claiming is happening to them now, loudly in their books, on TV, in social media, and in both chambers of Congress.

Being on the Hollywood Blacklist meant to “never work in Hollywood again.”  No film offers the next day. Careers ruined. Exile. Even defending the alleged communists put lawyers in harm’s way. Read this harrowing account by the daughter of one lawyer. Her father died by suicide.

In short, the Hollywood Boycott was an extension of the U.S. government’s hunt for people who disagreed with it. And the Supreme Court at the time was all too happy to support the cause. SCOTUS rejected First Amendment challenges to HUAC in cases like Barenblatt v. U.S., Watkins v. U.S., and Wilkinson v. U.S. A Fifth Amendment assertion of right against self-incrimination might save a compelled witness the pain of incarceration, but still guaranteed the person’s inclusion on the Hollywood Blacklist.

But the blacklists were not used just to stifle political discourse. The “red scare” was also used as a device to denounce all sorts of labor activity, not just in Hollywood, but everywhere. The effects of the witch-hunt extended beyond Hollywood. Academics, too, were targets. Many hid in quiet universities where they might not draw much attention. If one wanted to look at the purpose of tenure — currently being killed in Kansas and other states by conservative movements — it was to protect the expression of ideas and knowledge.

Employment at will has always been a conservative ideology, so I’m a bit surprised to see support for it wane (but only for actors who hold privilege).  Most employees are subject to the wrath of their employer if they tweet the wrong thing. Law firms habitually scour the social media of prospective hires.  In fact, most of the country lives under the fear of being fired for saying the wrong thing. Given this economy, that has dire consequences. And many who scream about “cancel culture” equally decries workplace protections.

She was fired for a series of off-color tweets. She was fired, not boycotted.  She was fired, and, unlike most firings for similar things, this one will cause backlash against Disney. Being a conservative is not as dire as being labeled a communist. If you don’t believe me, go to a series of bars and test it out by shouting “I’m a conservative” or “I’m a communist.”  No, really, don’t do that.  The latter may very well still get you killed in some parts.

LawProfBlawg is an anonymous professor at a top 100 law school. You can see more of his musings here. He is way funnier on social media, he claims. Please follow him on Twitter (@lawprofblawg). Email him at lawprofblawg@gmail.com.

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