Department of Homeland Security Tells Moviemaker not to Use its Name

One of the features of the arts (literature, cinema or even just TV) is verisimilitude. That is, the work has to be close enough to reality for the viewer or reader has to suspend disbelief, which is the honors English class way of saying “pretend it’s for real.” So, verisimilitude took a knock on the head when the US Department of Homeland Security told a film-maker he couldn’t use the name of the DHS “or any of the Department's official visual identities.”

The screenwriter is J. Neil Schulman, who has a few novels to his credit and some scriptwriting background. He’s no Neil Simon, but he’s definitely a professional writer. He’s got a film about six weeks away from principal photography (actually filming) called “Lady Magdalene,” or at least that’s the working title. Now, loads of government agencies cooperate with Hollywood all the time (and Hollywood often cooperates with the government, like in WWII or more recently “Jarhead,” a recruitment film for the Marines if ever there was one). So, the Department of Homeland Security was contacted for this project.

Tuesday, Mr. Schulman stated that he received a notice from Bobbie Faye Ferguson, director of the NHS's office of multimedia, informing him that his “project does not fit within the DHS mission and that it is not something we can participate in.” Although one believes that the DHS meant “. . . something in which we can participate,” Mr. Schulman was right when he said this violated his First Amendment Rights. See, “Department of Homeland Security” is not covered by copyright laws – the government can’t stop him. Of course, after the way the DHS botched Hurricane Katrina, maybe it should keep a low profile.

He said, though, “Merely the claim that you have the power to restrict such official images is chilling to the process of writing and producing a movie.” Now, the claim is that the movie is actually pro-DHS, but that really isn’t the point. Mr. Ferguson’s organization doesn’t need to cooperate with the project, but it cannot forbid the use of the name and it cannot forbid the use of “official visual identities,” whatever those are.

So, here’s an idea. Mr. Schulman should not refer to the Department of Homeland Security by that name. Instead, he should call it what it gets called in this journal: Heimatschutzministerium, and rather than use “official visual identities,” he can use scratchy black & white footage from Germany circa 1935 every time the DHS crops up. That should ensure that Mr. Ferguson doesn’t try to come down on the next film-maker who comes along.

The Kensington Review promises Mr. Schulman that if he chooses to follow this suggestion, he may do so in perpetuity with all rights and privileges so long as he acknowledges the source of the idea in the film and so long as he provides 2 free passes and a large popcorn to anyone this journal designates.

© Copyright 2006 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Fedora Linux.

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