episode_47
mad madame mim The Missing Episode (#47)

If you tuned in to Split Screen on Monday, October
18th expecting to see one of our ten "all-new" Fall '99
episodes, you saw a repeat instead. To compound the
problem, we offered no explanation of any kind for the
encore presentation of Christopher Walken's delightful
exploding shrimp. At the time, we were in an intense
negotiation with the lawyers at IFC over His Own
Private Idaho?, a 16-minute segment in the
scheduled episode about the impact of Bruce Willis on
the small town of Hailey, Idaho. Mistakenly, we felt
confident that the show would air two weeks later with
no one really noticing the scheduling change since IFC
is not exactly NBC. That didn't happen.

Instead, I've been threatened with a lawsuit by Bruce
Willis' attorney, abandoned by IFC, and canceled by
the IFP/West. It's time to tell the story, even if, as
seems likely, we're never allowed to broadcast the show. I should immediately
point out that the disgusting events that have befallen Split Screen can't really
compare to the treatment accorded our filmmaker Brian Flemming (with his
partner Keythe Farley) on a public sidewalk in Hailey. He was detained,
manhandled, intimidated, and interrogated by men who police later identified
as either Bruce Willis' private security or employees of the local businesses he
owned. Due to Brian's tremendous presence of mind, it's all on digital
videotape. Apparently, someone doesn't want you to see it.

Brian Flemming and Keythe Farley, Split Screen's key LA-based
correspondents, have contributed ten segments over the last three years,
beginning with our very first episode in March, 1997. They're honest, they're
funny. We know them, we trust them. You may remember their evisceration of
David S. Freeman's screenwriting seminar or their celebration of Tinseltown
Studios. In June '99, Brian read a long article in the LA Weekly by Nancy
Rommelmann called "Hailey's Comet: How Bruce Willis Romanced and then
Jilted a Small Idaho Town." Here's the story in three acts: Bruce moves to town,
Bruce buys up a lot of town, Bruce suddenly abandons town. Brian decided to
go to Hailey to ask the question "Why?" and find out how the townsfolk are
feeling. He did no stalking, nor did he ask leading questions designed to elicit
negative statements about Willis. In fact Brian and Keythe went about their work
as if they were suddenly on staff at 60 Minutes. They consulted with Nancy
Rommelmann and flew in former local journalist and Willis-watcher C.J.
Karamargin as a guide.

It was just another interesting Split Screen small-town
America story - until their last hour in town. Then the
bad guys showed up with their harassment and
threats. Although the Hailey Police reached the scene
in time for Brian and Keythe to get out of Dodge with
their tapes intact, the whole world seems to have
turned against us. Shortly after his return to LA, Brian
received a very ominous phone call from Martin
Singer, litigation counsel for Bruce Willis. Singer
denied permission for Brian to tape the conversation,
so Brian taped his side of the call. He then
incorporated that material into the segment which he
submitted to us in mid-September.

IFC was a bit nervous about the sometimes litigious
Willis from the start. After several weeks of
stop-and-start vetting and attempted "risk
assessment," I decided that it might not be a bad idea
to demonstrate the likelihood that we would be sued.
So we took the scoop to Entertainment Weekly, and
David Hochman put it in his "Reel World" column on
October 8th. Earlier that week Hochman called Marty
Singer for a comment and the floodgates burst. Since
my fine lawyers at Frankfurt, Garbus tell me that I'm
entitled to do so, I've posted Singer's four-page letter
threatening me and the IFC with a lawsuit. If you don't
have a chuckle checking out the complete text,
consider the following:

"Mr. Willis has filed several lawsuits for
defamation in the past and has either
obtained judgments or obtained
substantial settlements in all of his lawsuits
for defamation. This is not an idle threat. If
you broadcast the segment containing
defamatory information about our client, be
assured that you will be sued. Govern
yourself accordingly."

Unfortunately my strategy might have backfired. IFC
did not exactly rise to the First Amendment challenge.
And remember, this is for a show that hadn't even
been broadcast, that Marty Singer hadn't (and still
hasn't) even seen. Instead, IFC came up with several
pages of knee-knocking notes requiring changes in
the segment which ultimately stripped all the meat off
its bones. We gave up. I don't think the IFC is too keen
on the idea of going to court with Bruce Willis.

It's extremely unsettling to have a show pulled. Although we have a solid
relationship with IFC, this has happened once before. In the Spring '98 season,
we went to Oklahoma City to do a story on the banning of The Tin Drum only
to see our show get banned when a local judge (who we helped force into early
retirement) complained to Cox Cable who complained to IFC. I swallowed hard
but gave in on that one because it was politics - Cox Cable carries IFC in
dozens of places you wouldn't expect. But why would anyone ever cave in to a
bullying celebrity?

My only consolation once we reached a dead end with IFC was that I could still
show the Hailey segment publicly if I dared. Conveniently, I was scheduled to
present Split Screen "Live" in Los Angeles with the IFP/West on October 28th.
Since the event was sponsored by IFC, I figured the IFC would withdraw their
support. They did. What I never considered was that the strongest independent
film institution in the country, the IFP/West, would cancel my appearance out of
fear that Marty Singer would sue them for simply providing my venue. Like him,
they never asked to see the segment. Even worse, they actually told both press
and attendees that I had a last minute business engagement in New York. If you
were there looking for me, I'm here to tell you that the only business I had in New
York was helping my kids do their homework.

60 Minutes hangs Jeffrey Wigand out to dry. Sundance cancels Kurt &
Courtney. Disney forces Miramax to give up Dogma. IFC refuses to show His
Own Private Idaho? and the IFP/West goes along for the ride. And all
because of threats - nothing more. It may be smart business, but it's a horrible
way to live.
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Thyartshallshant Well, that was interesting! Hollywood sucks and we all know it. 010104
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