April 5, 2001
Today, AIDA (the "American Italian Defense
Association") filed suit in the Circuit Court of Cook County for a Declaratory
Judgment to vindicate the individual dignity of Italian Americans.
The suit is brought against Time Warner Entertainment Company, L.P. because
of its distribution in Illinois of the cable TV series known as the "Sopranos"
through its HBO division.
AIDA alleges that the Sopranos violates
the Individual Dignity clause of the Illinois Constitution which provides:
Individual Dignity. To promote individual
dignity, communications that portray criminality, depravity or lack of
virtue in, or that incite violence, hatred, abuse or hostility toward,
a person or group of persons by reason of or by reference to religious,
racial, ethnic, national or regional affiliation are condemned.
AIDA seeks neither damages for Time Warner's
actions nor a restraint on the showing of the Sopranos. Accordingly,
AIDA makes no attempt to infringe upon Time Warner's right of free speech.
However, AIDA seeks a Declaratory Judgment from the Circuit Court that
various episodes of the Sopranos alone, or the series when taken as a whole,
breaches the Individual Dignity clause with respect to Italian Americans
as a group.
AIDA is an Illinois not-for-profit corporation
with 501(c)(3) status under the Internal Revenue Code. AIDA was organized
for the purposes of educating the public regarding the contributions of
Italian Americans to our society and to oppose by lawful means all forms
of negative stereotyping and defamation of Italian Americans.
HBO, the distributor of the Sopranos, is
a unit of Time Warner Entertainment and is the nation's most widely distributed
pay television service, which together with its sister service, Cinemax,
has approximately 35.7 million
subscribers throughout the country and
is believed to have approximately 3 million subscribers in Illinois.
HBO, among other things, defines itself by the exhibition of pay television
original movies and mini?series including the Sopranos.
During the years 1999 and 2000, Time Warner
Entertainment, through its HBO division has caused the communication and
initial and repeated showings on cable television in Illinois of numerous
episodes of the Sopranos and has recently announced that it will cause
the communication and initial and repeated showings on cable television
in Illinois of a new series of episodes of the Sopranos for the 2001 season
which began on March 4, 2001.
Agents of AIDA have reviewed numerous episodes
of the Sopranos and are of the opinion that one or more of such episodes
alone, or the series when taken as a whole, constitute communications that
portray criminality, depravity or lack of virtue in or that incite violence,
hatred, abuse or hostility toward Italian Americans, by reason of or by
reference to the ethnic affiliation of various persons portrayed in those
episodes.
Contrary to any claim that the Sopranos
is merely a fictionalized "Soap Opera" about a mythical upper class suburban
family whose paternal head, Tony Soprano, happens to be a mafia boss, the
Sopranos is in fact a continuing and ongoing series about the lifestyle
of Italian Americans who are portrayed as criminals, depraved or lacking
in virtue or are in a manner that incites violence, hatred, abuse or hostility
towards Italian Americans by reason of or by reference to their ethnic
affiliation. For example, various episodes, or the series taken as
a whole, suggests that criminality is in the blood or in the genes of Italian
Americans and that Italians as early immigrants to this country, had little
opportunity other than to turn to crime. Moreover, non-mafia Italian
American characters in the series are often shown to condone or accept
(and in many cases to participate in) the violent and profane conduct of
the mafia characters leading to the conclusion, inference or suggestion
that such conduct is a universal trait of the Italian personality.
Under date of February 26, 2001, AIDA wrote
a letter to Mr. Gerald Levin, President of Time Warner Entertainment setting
forth its opinions regarding the Sopranos and asked Time Warner Entertainment
to recognize that past episodes of the Sopranos constitute communications
that breached the Individual Dignity Clause with respect to Italian Americans
as a group and to voluntarily take steps to assure that future episodes
of the Sopranos would not breach that Clause with respect to Italian Americans
or any other group of Americans. While the HBO division of Time Warner
Entertainment answered AIDA's letter, it was totally unresponsive to AIDA's
requests.
Studies have shown that damaging the reputation
of an ethnic group does series harm to members of that group in various
ways, including loss of opportunities for education, employment and rejection
by society. This harm
was recognized many years ago by Justice
Frankfurter when he spoke for a majority of the United States Supreme Court
in the case of Beauharnais vs. State of Illinois, 343 U.S. 250, 263 (1952).
[A person's] job and his educational opportunities
and the dignity accorded him depend as much on the reputation of the racial
and religious group to which he . . . belongs, as on his own merits.
This being so, we are precluded from saying that speech concededly punishable
when immediately directed at individuals cannot be outlawed if directed
at groups with whose position and esteem in society the affiliated individual
may be inextricably involved.
The Sopranos is a desecration of Italian
American traditions: love of family and friends, religion, art and
music. By trivializing and associating criminality, violence, incivility,
crudeness, vulgarity and dysfunctional family relationships with Italian
Americans, the Sopranos harms all Americans and more so Italian Americans
whose reputations are being severely damaged by the repeated showings of
this program.
This is not the legacy we can allow to
be left to our children and grandchildren. Nor can we, in the memory
of our mothers, fathers and grandparents, who made that dangerous and fearful
crossing to America to give us a better life, permit this defamation to
go unchallenged. For these reasons, AIDA has brought this suit to
vindicate the individual dignity of Italian Americans.
AIDA
American Italian Defense Association
Three First National Plaza
70 West Madison, Suite 1400
Chicago, Illinois 60602-4270
Phone: 312/214-3346
Fax: 312/214-3110
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