Today in Questionable Lawsuits: Brokeback Mountain

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Today in Questionable Lawsuits: Brokeback Mountain — May 14th 2007

By Karina Longworth

Today's top story in the Movies channel concerns a lawsuit filed by the grandparents of a 12-year-old girl, which asserts that she was traumatized when a substitute teacher showed Brokeback Mountain in her elementary school classroom. The Oscar winner is rated R for nudity (mostly female) and sex (both heterosexual and male-on-male). The lawsuit alleges that before playing the film, the teacher shut the classroom door and said, "What happens in Ms. Buford's class stays in Ms. Buford's class"--a comment that suggests at least a little ambivalence about the appropriateness of the film for preteens. The family is accusing the school of "negligence, false imprisonment and intentional infliction of emotional distress."

Predictably, bloggers are lining up on both sides of the issue, although just about everyone seems to agree that R-rated movies--including the flick that launched a million gay cowboy jokes--shouldn't be shown in elementary school. Here's a sampling of the chatter:

"Once again, as a teacher I am mortified at the poor judgment and sheer stupidity of some of my fellow educators." -- Verum Serum

"Parents see chance to sue and get big bucks so they can have nicer things. Civilization as humans know it to collapse sometime around noon today, or at least by supper time." -- Editorials From Hell's Leading Newspaper

"Now, I loved the movie. But Heath mounting Jake just isn't peanut butter-and-jelly fare. Call me a neoconservative, I just don't agree with it." -- Ravnostic

"This story is a unfortunate byproduct of liberal activism. It is not one of tolerance and diversity because it is intolerant and disrespectful toward those of faith not to mention those who struggle with raising children in the world of the entertainment industry's pro sex, drugs and guns mentality." -- Webloggin

"You know, as I recall, William Faulkner had that effect on me. I wonder what the statute of limitations is on psychological-assault-by-bad-literature." -- Overlawyered

Of all the films for a substitute teacher to show to a class, why Brokeback Mountain? I personally don't think the film glamorizes the homosexual lifestyle--if anything, it shows the potential agony that awaits anyone who pursues it. But why show a film like that to a class if you're not trying to provoke a debate? Is there a grand liberal agenda at work here, or did this Ms. Buford just happen to have the DVD in her purse? Is the lawsuit justified, or is the moral debate just an excuse for the family to cash in? What's your take?

Tags: brokeback mountain, BrokebackMountain, chicago, debate, gay, homosexual, kids, lawsuit, movies, school, teenagers

6 Comments

Reader Comments (Page 1 of 1)

Harold Beasley — 3:52PM on May 15th 2007

1. The teacher was wrong to show this movie to an elememtary class. However the suit by the parents should be thrown out. It appears the parents are merely trying to make a little easy money. We have too many people who are so suit happy it's ridiculous. We are becomming a overly litigious society and the courts have to stop this. Plus brokeback mountain is the last movie I would show to anyone anyway.

Dunestar — 7:36AM on May 16th 2007

2. I concur with Mr. Beasley, first off, even if my parents weren't educators, I know for a fact "Brokeback Mountain" definitely isn't appropriate viewing for an elementary--nor middle school--class.

But the lawsuit is rather ridiculous because if the parents were really concerned, they would've brought this matter up with the school board than trying to cash in. Because I find it bizarre how our society throws the blame now at establishments rather than the source of the problem itself. Kind of reminds me about a woman who illegally obtained a discount at a game store, simply on the grounds her child's Christmas was 'ruined' because the kid called up the store and they told him what he was getting.

But I digress, the real problem behind this lawsuit is it's not really helping matters, the child already viewed the movie. The damage has been done. Rather than say, help the child deal with what she experienced from the movie, no, it's better to waste taxpayers' money and sue the school. Better yet, why don't the parents instead sue Hollywood for producing the film? And why stop there? Why not sue anyone which uses vulgar language in front of the child, or makes suggestive, inappropriate conversation?

Sure you can say, "Well, you obviously aren't a parent." But how is suing an establishment considered "parenting" as well? I'm not saying the school shouldn't take responsibility, but I feel blaming the establishment over one insensitive, careless person is like declaring war on a country due to one unstable radical.

Bottom line here is, the parents should concern themselves more with how the child has been affected by this, rather than seeing how much compensation they can acquistion. Because I feel, in the long run, their lawsuit's going to do far more damage than good.

DavidHalko — 11:47AM on May 16th 2007

3. Good Day,
(( [Karinia Longworth] Today in Questionable Lawsuits: Brokeback Mountain))
This movie was clearly rated by the MPAA: Rated R for sexuality, nudity, language and some violence.
The summary definition of this rating: R --"Restricted. Under 17 Requires Accompanying Parent or Adult Guardian"
A description of the rating system can be noted here:
http://entertainment.howstuffworks.com/question467.htm
"In some states, the minimum age to see an R rated movie unaccompanied is 18"
The rating system is there to protect children from being traumatized.
Being unfamiliar with the laws in this state, this substitute "teacher" may have clearly broken the law. The teacher does not qualify as a parent or an adult Guardian, as is required by many states.
I am quite surprised by the bias shown by Karina in the titling of the article, dismissing the damage claimed to be done, possibly violating state law.

Cavalor Epthith — 8:39PM on May 17th 2007

4. I agree that human children should never be traumatized by what they view at the cinema or what they must endure in the bulk of their lives when their is no suspension of disbelief. In that vein isn't every child who is traumatized by having their parent killed in Iraq due compensation directly from the White House the American Enterprise Institute and the Department of Defense? Both President Bush and Ms Buford both erred on the side of discomfiting arrogance in thinking that their actions would not result in a great hew and cry.

hoylelisa — 11:00AM on May 19th 2007

5. I agree the teacher went to far and apparantly was aware of it because she made sure to shut the door and gave the "what happens here stays here" comment but false imprisonment? Give me a break, in that case every time class starts and they close the door they are opening themselves up to a lawsuit!??? I would never be able to show my face in public again if I had filed a lawsuit like that...I am constantly amazed at what some people will do for money.

ShayWade — 1:41PM on May 25th 2007

6. It was absolutely wrong to show such a movie to preteens. I'm an adult and I can barely watch it. It was completely inappropriate. I think that the teacher should be suspended. I don't, however, believe that any of the parents have a right to sue. That's just ridiculous. They seem to be money hungry and outraged which are the only things that lead to suing someone.

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