Tuesday, January 20, 2004

An Inalienable Right: Freedom From Pollution?

Global warming is not the problem. Global pollution is the problem. We need a constitutional amendment that guarantees our right to a habitable world. If this be (fair & balanced) treason, make the most of it.



[x Orion Magazine]
DAVID W. ORR
Law of the Land
Can the most powerful nation on Earth throw off the shackles of an unforseen tyranny?

EACH OF US AMERICANS, on average, has 190 potentially toxic organochlorine compounds in our fatty tissue and body fluids, and several hundred other chemicals that may be harmful to our health. Although the Fourth Amendment to the United States Constitution protects "the right of people to be secure in their persons, houses, papers, and effects," the privacy of the body has been violated without our knowledge or permission, and with little accountability by those responsible.

The ubiquity of pollution makes it difficult to assign responsibility. Still more difficult to determine is which of hundreds or thousands of chemicals, mixing in ways beyond our comprehension, caused exactly what pathology in our bodies. Our knowledge of such things is inescapably general. We know that some of these substances, singly or in combination, undermine health, reproductive potential, intelligence, ability to concentrate, and emotional stability -- hence the capacity to pursue and experience life, liberty, and happiness. In some cases the effects will manifest far into the future, placing perpetrators beyond the reach of the law and leaving their victims without remedy. What, then, is the meaning of the constitutional guarantees in the Fifth and Fourteenth amendments that we cannot "be deprived of life, liberty, or property," including property of the body, without "due process of law"?

The framers of the Constitution could not have known about carcinogenic, mutagenic, endocrine-disrupting, or radioactive substances, but we do. For many toxic substances we know that there is no safe threshold of exposure. Chemicals that disrupt the endocrine system do their work in parts per billion, wreaking havoc on the development and immune systems of children. Had they known what we now know about the pervasiveness of chemicals and their effects, would the framers have extended the protections of due process to include the fundamental right of bodily integrity? And should such protections be extended more broadly to include deprivation of other ecological necessities of life and liberty? The philosophy and logic of liberty as the framers understood it leaves little doubt that the answer is affirmative. What else would they have protected us against, had they known the kind of world we would inherit?

FOR THE FRAMERS, the conquest of nature by science and technology was an unmixed blessing. In our time, we can see the limits of nature, some say its end. We know what they could not have known: that nature is an intricate web of causes and effects often widely separated in space and time, and that small changes can have very large implications. We know, too, that what we mean by nature is complicated by our being bound up in it in ways that are hard to fathom. And we know, or ought to know, that we could bring it and ourselves crashing down, gradually or quickly.

Of the founders, Thomas Jefferson is notable for his concerns about the intergenerational effects of debt, but he could not have imagined intergenerational ecological debt such as the extinction of species and toxic pollution. "We the People" meant we the present generation, with the caveat that the framers intended to "secure the blessings of liberty to ourselves and our posterity." To do so meant getting the legal framework in place to balance interests, avoid the tyranny of either minority or majority, provide democratic representation, create national institutions, and establish a credit-worthy government.

For the framers, the conquest of nature by science and technology was an unmixed blessing.

The framers placed no restrictions on the rights of the living relative to those of subsequent generations. It would be a mistake, however, to infer that the framers had no further regard for posterity. To the contrary, I think that they did but assumed that obligations to the future had been discharged by the creation of a durable national government. Many people now believe that future generations need more explicit protection.

In 1986 the Supreme Court of the Philippines, for example, upheld the legal rights of children to litigate in order to stop deforestation on behalf of future generations' rights to "a balanced and healthy ecology." To acknowledge this standing, the court drew from no specific textual reference, saying only that "these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind." Indeed, there can be no good argument to the contrary. The proper question, then, is not whether succeeding generations have legitimate rights to a balanced and healthy environment, but how those rights would be determined and enforced in the present.

"IT IS TIME -- LONG PAST TIME -- to invigorate and greatly widen the critical examination of the Constitution and its shortcomings," says political scholar Robert Dahl, noting that "public discussion that penetrates beyond the Constitution as a national icon is virtually nonexistent." Although the framers did not understand how the world works as an ecological system and that the unfettered advance of technology would someday cast a dark shadow on a distant posterity, they did know that future generations would need to change the Constitution to adapt to changing circumstances. The question now is, can we adapt that document and our public life to pressing ecological realities?

One thing seems clear. If, as the Declaration of Independence claims, "all men [including those yet to live] are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the Pursuit of Happiness," then no generation has a license to diminish the unalienable rights of subsequent generations by changing the biogeochemical systems of Earth or impairing the stability, integrity, and beauty of biotic systems. Ignorance can no longer serve as a plausible defense for actions that compromise the legitimate rights of present and future generations. Accordingly, a truly conservative and revolutionary reading of the U.S. Constitution would build on the idea that we are trustees poised between our forebears and our posterity. In trust we are obliged by decency, fairness, justice, and affection to protect, preserve, and honor the ecological prospects of existing life and that yet to be. It is absurd to believe that the framers, seven generations ago, would have wished us to preserve the letter of the Constitution of 1788 while permitting the destruction of the very ground on which that document and life itself depend.

The founders' generation fought to overthrow the tyranny of the British monarchy, and the Constitution reflects that struggle. But tyranny in our time is far more pervasive and oppressive in two respects. First, monied interests in the form of corporations have acquired an undeserved advantage, a stranglehold as it were, over the public interest. The public is losing control over much of the commons: capital, information, airwaves, land, healthcare, employment, genetic information, and, if the acolytes of free trade have their way, the power to control our own economic affairs. Further, we the people are excluded from fundamental decisions about war and peace, nuclear weapons policy, and a growing number of decisions about the use of technologies that entail some probability of irretrievable disaster. Once we became much exercised about "taxation without representation," but the present reality is more akin to "extermination without representation."

Tyranny is now intergenerational and to a great extent irrevocable, and therefore beyond remedy. The effects of climate change, loss of species, destruction of ecosystems, and tropical deforestation are global, threaten to erode the ecological foundations of civilizations, and are for all practical purposes permanent. In other words, the global environmental legacy of industrial-era generations casts a long shadow on future generations everywhere, for all time. If this tyranny is to be avoided, the present generation must act to restrain its appetites and behavior. Our time is far more portentous than that of the framers and calls for a more thorough consideration of law, democracy, rights, and the public trust relative to the human prospect.

THIS IS A DAUNTING TIME. We are rather like the lost traveler told that "you can't get there from here." But I do not think we are as stuck as the situation may suggest. The changes that we must make are resonant with much of our history, best values, and notions of common sense. Those standards require that we act conservatively in cases where the risks of widespread, severe, and irreversible harm are high -- or simply unknown. Precaution is as commonplace in daily affairs as it seems to be radical in the realm of public policy. As individuals we buy insurance, undergo annual physical exams, and wear seatbelts, which is to say that we exercise caution for reasons so obvious as to require no explanation. In medicine, the principle of precaution is embodied in the promise of the Hippocratic oath: "First, do no harm." In public policy, we must come to acknowledge a comparable logic in situations in which the risks may be catastrophic and our ignorance far exceeds our knowledge. It is one thing for individuals to incur risks to themselves, and another thing entirely for some few to risk the welfare of the many, including those who have no say in the matter. The present situation privileges the rights of an elite that cannot be held accountable if and when things turn out badly. As things stand, the benefits of risk are, in effect, privatized, while the consequences are externalized -- to the detriment of the planet and its future inhabitants -- which, by any decent reckoning, is unfair.

Given the lackluster results produced by thirty years of environmental legislation, I believe the time is ripe for bold action to head off the worst of what may lie ahead, beginning with a constitutional amendment guaranteeing the right to a healthy environment. If not now, when? Public awareness of the scale, scope, and duration of the ecological crisis has grown considerably since the last such attempt was made in 1970. Would such an initiative be controversial? Certainly, but less so than one might fear. Let those who oppose the people's rights to clean air, clean water, open space, and healthy ecosystems stand up and say so. Let them say publicly that our grandchildren have no right to a decent environment. When they do, they will lose. Opinion surveys over three decades consistently show a large majority in favor of environmental quality, clear air, limits to sprawl, energy efficiency, renewable energy, and controls on pollution. We do not lack for common ground, but rather the kind of leadership that is capable of articulating the values that unite us.

The effort to establish and pass a constitutional amendment would have salutary effects. It would focus what is now a scattered debate on the essentials of our relationship to our children, and to theirs. It would end several decades of stalemate on environmental policy. It would exert a steady gravitational pull toward a reconciliation of human interests and ecological realities, just as the civil rights legislation of 1964 and 1965 pulled the nation toward a full execution of the Thirteenth, Fourteenth, and Fifteenth amendments. The legal acknowledgement of our rights to a healthy environment, now and for those yet to live, would clarify necessary changes in policy having to do with taxes, prices, public expenditures, the proper control of corporations, and the uses of technology.

The U.S. Constitution is not just words on paper. It is an evolving document. In Bruce Ledewitz's words, it "need not be interpreted to stand mute while the environment and the interests of the future are sacrificed." It is time for our understanding and refining of that document to be reconciled with our knowledge of natural systems and our growing awareness of obligations and rights that extend broadly throughout the community of life and outward in time as far as the mind dares to imagine.

DAVID W. ORR, a pioneer in environmental literacy in higher education, is chair of the Environmental Studies Program at Oberlin College. He has received a Bioneers Award, the National Wildlife Federation's National Conservation Achievement Award, and the Lyndhurst Prize, among other accolades. This essay is adapted from his fourth and most recent book, The Last Refuge: Patriotism, Politics, and the Environment in an Age of Terror, to be published by Island Press in early spring 2004. His most recent book is Nature of Design: Ecology, Culture and Human Intention.

Copyright © 2004 Orion Magazine


Jew Hater, Jew Baiter, & The Truth


I received a much-circulated e-mail recently that claimed that Pope John Paul II had endorsed Mel Gibson's upcoming film—The Passion of the Christ—and today the New York Times carried a story from the Vatican denying any papal endorsement. The trial and execution of Jesus Christ was portrayed for centuries in Bavaria: the first Oberammergau Passion Play was performed as a result of a vow the villagers made when people were dying of the bubonic plague in 1633. Afterwards, we are told, the illness subsided. However, it can be argued that the real plague was not a physical illness but a deadly disease of the soul and spirit - the kind of anti-Semitism inspired by hundreds of years of blaming 'the' Jews for the death of their brother Yeshua/Jesus and calling them the 'Murderers of God.' The real plague was anti-Semitism masquerading as Christian piety, a deadly disease spread by denial and coverup. Passion plays became bearers of the kind of hatred that eventually erupted in the Shoah (Holocaust) of the 20th century. Mel Gibson has created the cinematic version of the Passion Play of Obergammerau. If this be (fair & balanced) anti-anti-Semitism, so be it.



[x New Republic]
THE GOSPEL ACCORDING TO GIBSON.
Mad Mel
by Paula Fredriksen

Mel Gibson's newest historical drama, on the death of Jesus Christ, is not anti-Semitic. So complete is his commitment to historical authenticity that he has eschewed subtitles, and will tell his story entirely in its original ancient languages, Aramaic and Latin. Gibson bankrolled the entirety of his forthcoming film, and he co-wrote the script; but the Holy Spirit directed it. "The Holy Ghost was working through me on this film," Gibson has recounted when asked about The Passion. "I was just directing traffic." Unfortunately, a group of Catholic and Jewish scholars, alert to Gibson's effort, engaged the services of a mole, ... illegally obtained a copy of the script, and then began to pressure Gibson to revise his story to conform to their own ideas about history and theology. Gibson's lawyers quashed their attempted extortion, however. The scholars withdrew their criticisms. And Mel's movie, in various private screenings, has already begun to move hearts and minds.

All the sentences above are culled from recent articles in assorted media--The Wall Street Journal, The New York Times, NewsMax.com, Zenit, Religion News Service, the New York Daily News, Australia's Sun-Herald. Some of the statements are true. Gibson did co-write the script. His company, Icon, did produce it. His attorney did accuse critics of attempting extortion. And at least one viewer at a private screening in June, moved to tears and prayer, has called the film "a miracle." Whether the Holy Ghost helped out during the shoot I cannot say. All the other statements, I do know, are false.

I began worrying about Gibson's movie back in March, when The Wall Street Journal and The New York Times ran their stories. The piece in the Journal rhapsodized about Gibson's religious faith as well as about his ardent commitment to his vision: a graphic exploration of the suffering, the torture, and the death of Jesus. The script would draw not only on the Gospels, the article reported, but also on visions of Christ's Passion received and written up by two seventeenth-century nuns. Gibson, the Journal revealed, was struggling to re-capture historical reality both visually (the gore, the pain) and aurally. Ancient languages, no subtitles: this was "a point of honor for Mr. Gibson." His reason was simple. "This is what was spoken at the time," he explained.

But something did not add up. To depict a first-century event by drawing on visionary writings composed almost two millennia later makes no sense at all: one might as well try to reconstruct ancient armor by peering at Bruegel. And while Aramaic was indeed the daily language of ancient Jews in Galilee and Judea, Latin would scarcely have figured at all. When the Jewish high priest and the Roman prefect spoke to each other, they would have used Greek, which was the English of antiquity. And Pilate's troops, employees of Rome, were not "Romans." They were Greek-speaking local gentiles on the imperial payroll. Gibson's pious evocations of historicity rang more than a little hollow. How much homework had he actually done?

Then The New York Times Magazine published a profile of Hutton Gibson, the actor's father. He is what modern Catholics politely term a "traditionalist." Hutton Gibson considers the current papacy to be illegitimate. Vatican II--the Roman Church council in 1965 that, inter alia, changed liturgical language from Latin to spoken vernaculars, and expressed as a theological point of principle that all Jews everywhere could not be held culpable for the death of Jesus--he dismisses as a coup pulled off by Freemasons and Jews. He is also given to idiosyncrasy about the Holocaust (he believes that it never happened) and about September 11 (he believes that Al Qaeda was not involved).

The father's views, the article properly noted, cannot simply be imputed to the son. But the Times also noted that the son has aired his own contempt for the Vatican, and has generously financed and very visibly endorsed assorted "traditionalist" endeavors. And now he is committed to making this graphically violent film called The Passion. In light of the historical connection between the charge of Christ-killing and Christian anti-Jewish violence, might the film upset Jews? "It may," Gibson conceded. "It's not meant to. It's meant just to tell the truth."

You do not have to be Jewish to find anti-Semitism alarming and morally repulsive. Plenty of non-Jews--Christian, Muslim, Hindu, Buddhist--repudiate anti-Semitism and condemn it. But it is worth remembering that Catholics have an additional reason to combat anti-Semitism. It is that popes and bishops, in plenum councils, have issued official ("magisterial") teachings against it. Anti-Semitism violates magisterial instruction touching on biblical interpretation, on the theological significance of Christ's sacrifice, and on Catholic-Jewish relations.

And so, within two weeks of the appearance of these articles, Icon was contacted by Eugene Fisher, associate director of the Secretariat for Ecumenical and Interreligious Affairs for the United States Conference of Catholic Bishops (USCCB). Fisher's counterpart at the Anti-Defamation League (ADL), Eugene Korn, also weighed in. They assembled an ad hoc group of professors-- four Catholics, two Jews, all scholars of the New Testament--to review the script together with Fisher and Korn, who themselves hold doctorates. Shortly thereafter, at their invitation, I also joined the group.

On March 25, the day before they invited me on board, Fisher and Korn exchanged communications with one William Fulco, S.J., who teaches in the department of classics and archaeology at Loyola Marymount University, a Jesuit institution in Los Angeles. He had served as Gibson's librettist, translating the script from English into Aramaic and Latin. His intimacy with the script was perhaps the reason that he assumed, or was assigned, his role; for as long as the dialogue lasted, Fulco was the main contact on the Icon side.

Fisher and Korn had faxed Fulco two documents on criteria for evaluating dramatizations of Jesus's Passion, one issued by the USCCB in 1988, the second produced jointly by the USCCB and the ADL in 2001. In response, Fulco thanked them, and assured both men that the script was devoid of any hint of antiJewishness. In fact, he claimed, it was "totally in accord with the [USCCB/ADL] documents." Fulco's struggles with the translation, he says in this e-mail, had engraved the script in his memory. ("I know [it] almost backwards.") Shooting had concluded, Fulco said, only the prior week. Fulco then added two points of information relevant to future events--that he was "preparing accurate subtitles" (what had happened to Gibson's "point of honor"?) and that "the film follows the script quite faithfully." (Since the reporter from The Wall Street Journal had mentioned seeing "a first look at a rough cut of the film," it must have been substantially assembled before March 7.)

A few weeks later, on April 14, Fisher wrote to the group of scholars and to another USCCB officer: "I have just received the good news that we will receive the script for our analysis and comment within the next couple of days." The scholars had to promise confidentiality: we could not circulate the script outside of our group, "though of course your comments can be public." On April 17, Fisher informed Fulco that he had received the script and had sent copies out to the scholars. We received them and read them over Easter weekend.

The whole group heard again from Fisher on April 25. "Gibson called me last night," Fisher began. "He had with him McEveety [another Icon producer] and Fulco." Gibson said that he wanted Fisher to convey to the scholars that he does not share his father's views, that some of his best friends are Jewish, that he is sensitive to anti-Semitism and opposed to it. "As an Irish Catholic Australian," wrote Fisher in his e-mail, Gibson "knows more than a bit about religious and social prejudice and [he] relates to Jews as fellow sufferers from it.... He's open to what we have to say, but still a bit cautious." At this point Fisher still thought that we could work with Gibson to try to improve his film.

We already knew that Gibson's efforts to be "as truthful as possible" (his own words in the Times) would be frustrated by the best sources that he had to draw on, namely, the Gospels themselves. Mark, Matthew, Luke, and John, whose texts were composed in Greek between 70 C.E. and 100 C.E., differ significantly on matters of fact. In Mark, Jesus's last meal is a Passover seder; in John, Jesus is dead before the seder begins. Mark and Matthew feature two night "trials" before a full Jewish court, and a dramatic charge of "blasphemy" from the high priest. Luke has only a single trial, early in the morning, and no high priest. John lacks this Jewish trial scene entirely. The release of Barabbas is a "Roman custom" in Mark, a "Jewish custom" in John. Between the four evangelists, Jesus speaks three different last lines from the cross. And the resurrection stories vary even more.

The evangelists wrote some forty to seventy years after Jesus's execution. Their literary problems are compounded by historical ones: it is difficult to reconstruct, from their stories, why Jesus was crucified at all. If the priests in Jerusalem had wanted him dead, Jesus could have been privately murdered or killed offstage. If the priests had wanted him killed but were constrained from arranging this themselves, they could have asked Pilate to do the job. If the Roman prefect had simply been doing a favor for the priests, he could easily have arranged Jesus's death by any of the considerable means at his disposal (assassination, murder in prison, and so on).

The fact that Jesus was publicly executed by the method of crucifixion can only mean that Rome wanted him dead: Rome alone had the sovereign authority to crucify. Moreover, the point of a public execution, as opposed to a private murder, was to communicate a message. Crucifixion itself implies that Pilate was concerned about sedition. Jesus's death on the cross was Pilate's way of telling Jerusalem's Jews, who had gathered in the holy city for the paschal holiday, to desist from any thought of rebellion. The Gospel writers, each in his own way, introduce priestly initiative to apologize for Roman fiat, and the evidence suggests that the priests must have been somehow involved. But the historical fact behind the Passion narratives--Jesus's death on a cross--points to a primarily Roman agenda.

Moderns who wish to render artistically something of the Gospel stories have several options. Bach and Pasolini focused on single Gospels, thereby sparing themselves the chore of sorting through and deciding between their differing traditions. Kazantzakis and Scorsese chose instead to select, to blend, and to adapt themes from all the Gospels to create a modern story. But Gibson, by so vociferously insisting that he was committed both to the Gospel narratives and to "historical accuracy" (hence his much-trumpeted use of Aramaic and--oops--Latin), had put himself in an interesting bind.

The script, when we got it, shocked us. Nothing of Gibson's published remarks, or of Fulco's and Gibson's private assurances, had prepared us for what we saw. Each scholar, independent of the others, wrote his or her own comments on the document. We then boiled them down, bulleted our points, and made the whole discussion easy to digest. The first section of our report explained the historical connection between passion plays and the slaughter of European Jews, the dress rehearsals for the Shoah. Then we summarized our responses to the script. We pinpointed its historical errors and--again, since Gibson has so trumpeted his own Catholicism--its deviations from magisterial principles of biblical interpretation. We concluded with general recommendations for certain changes in the script. Four short appendices--two historical, two directly script-related--traversed this same terrain from different directions. A final appendix provided excerpts from official Catholic teaching.Receiving criticism is never easy. As teachers and as scholars, who regularly give and get criticism, we knew this. We also knew that we were asking Gibson to revise his script substantially. We knew that we were working against his enthusiasm, his utter lack of knowledge, and his investment of time and money. We pinned our hopes on his avowed interest in historicity, on his evident willingness to hear what we had to say, and on his decency. In retrospect, we also functioned with a naïveté that is peculiar to educators: the belief that, once an error is made plain, a person will prefer the truth.

Fulco knew by April 27 what the substance of our response had been: Fisher had already communicated privately with him. By May 2, we had our eighteen-page report assembled. Fisher and Korn co-wrote the cover letter on USCCB stationery, and sent the report to Icon by May 5. On May 9, members of the group received our copies. We waited. Icon was silent. When Korn phoned Fulco on May 12 to get his sense of the report, Fulco declined to share his views. He did mention that he, Gibson, and other Icon executives were scheduled to meet the following day. More silence.

Meanwhile, disturbances began to accrue. After a story about Gibson's movie ran in the Los Angeles Times, one of the group's members, Mary Boys, S.N.J.M., received "three vicious letters filled with personal attacks and anti-Semitic drivel." (Boys is a chaired professor at Union Theological Seminary in New York, an adviser on ecumenical affairs to the USCCB, a member of the Catholic Biblical Association, and a tireless worker in the area of Catholic-Jewish relations. She knows anti-Semitic drivel when she sees it.) At the same time, another member of the scholars group, Father John Pawlikowski, O.S.M., professor of social ethics at Catholic Theological Union in Chicago, mentioned an unhappy encounter that a friend of his--like Fulco, a professor at Loyola Marymount--had had with other Jesuits following Loyola's commencement ceremonies on May 11. On that day, Gibson had received an honorary doctorate. These Jesuits informed Pawlikowski's colleague that "Father Fulco has written a beautiful script; how could we possibly attack him? How could anyone criticize the story of the Passion? They were all aware of our report, so Fulco is obviously spreading the word."

We were surprised: we had understood that, for the time being, our report, like Gibson's script, was meant to be kept between us and Icon. "They"--Fulco, Gibson, and company--"are simply going to discredit us," Pawlikowski concluded. On May 16, the truth of his words, and the reasons for Icon's silence, became clear. On that date, Fisher, Korn, the ADL, and the USCCB received a letter from Gibson's attorney. Dated May 9, written within days of Icon's receipt of our report, the letter had sat for a week while we waited for their response, and Gibson collected his degree, and Fulco avoided Korn, and the Icon executives and Fulco conferred.

"As you are fully aware, you are in possession of property stolen from Icon, namely a draft of the screenplay for the Picture," the letter began. "At no time did Mr. Gibson authorize the release of this material to you or to any other third party for dissemination to you." The lawyering went on for another page: "You have admitted that you came into possession of this stolen property by means that are illegal." "You are now attempting to force my clients to alter the screenplay to the Picture to suit your own religious views." Our side was threatening to discredit the film, and to intimidate Gibson. ("This act is itself illegal--it is called extortion.") All scripts were to be returned by 5:00 p.m. on May 13. (Poor organization, since this letter was faxed three days after its own deadline.) Court orders, lawsuits, reserved rights and remedies, and all sorts of terrible consequences might and could and would follow. Very truly yours, et cetera.

"Gibson, Fulco and McEveety were all on the phone with me well before," Fisher wrote to me on May 20. "They knew we had the script, as they had known for some time, and did not ask for it back." Icon's new claim also made nonsense of the earlier condition of confidentiality to which we had assented before seeing the screenplay: who else would have required that? No matter. Lawyers were in the saddle; reason was dying.

When, on May 30, the spin cycle formally kicked in. Zenit, a Catholic news service based in Rome, picked up an earlier article in the Denver Catholic Register written by Archbishop Charles Chaput in defense of the film. Chaput evidently felt that "a film of sincere faith" should not be charged with potentially stirring up anti-Semitism. "Between a decent man and his critics," Chaput continued, "I'll choose the decent man every time--until the evidence shows otherwise." (Icon arranged for a subtitled version of Gibson's film to be shown at a private screening in Colorado Springs the last week of June. I await with interest the archbishop's response.)

Zenit embedded Chaput's remarks, surprisingly, within a larger and detailed review of our supposedly confidential report. It repeated our criticisms (without, of course, addressing them), and then quoted what it deemed our "central complaint," namely, that Gibson's "graphic movie" could "re-awaken the very anti-Semitic attitudes that we have devoted our careers to combating." Zenit prefaced its report of our concern by singling out for mention one member of our group, Amy Jill Levine. The reporter had gone to her website and indignantly pulled one of her selfdescriptions: "a Yankee Jewish feminist." (Lest Levine's remark be misunderstood, let the record state that she was born in New Bedford, Massachusetts and spends her summers grieving for the Red Sox.) Levine is a chaired professor of New Testament studies at Vanderbilt's divinity school and the author of prize-winning studies on early Judaism, Christian origins, and the Gospel of Matthew. Still, nothing in particular distinguished her from the rest of us except, perhaps, the humor of her self-description and her recognizably Jewish name.

Someone at Icon had clearly leaked our report to Zenit--"a pre-emptive, ad hominem attack," Fisher observed to the USCCB, "to discredit the scholarship of the group." Icon's lawyers focused on the Bishops Conference. Mark Chopko, general counsel for the USCCB, finally sent a formal letter to the scholars on June 9 in which he repeated Icon's assertion that we had obtained the screenplay without permission. Chopko also relayed what has since become an official trope of the Icon spin: "The draft of the screenplay is not what the final film will contain."

These two assertions--that the script was purloined, and that the final film is quite different from the script--have been endlessly repeated in numerous follow-up stories in Reuters, the New York Daily News, and elsewhere. NewsMax.com even had the chutzpah to insinuate that the scholars had leaked their own "supposedly confidential report" to the news media. And disinformation likewise abounds. The Religion News Service claimed that the "group of scholars ... has withdrawn its criticisms." We have not. We stand by them. The report in Reuters suggested that the film's potential anti-Semitism concerned the Jews, while the violation of church teaching concerned the Catholics. This, too, is false. The Catholics feel even greater urgency about its anti-Semitism, because the ethical issue for them is so clear. Jews are the objects of anti-Semitism, but Catholics and other Christians, inspired by Gibson's movie, could well become its agents. (Indeed, on the evidence of the anti-Semitic hate mail that we have all received since being named as critics of Gibson's screenplay, this response is already in play.)

Gibson has continued to speak earnestly of his film as "conforming" to the New Testament. Unless he ditched the script with which he was working as late as March, wrote an almost entirely new one, re-assembled his cast, re-shot his movie, and then edited it in time to be screened in June, this statement, too, must be false. Six pages of our report lay out for him exactly those places where he not only misreads but actually contravenes material given in the Gospels. And his historical mistakes, no less profound, are spelled out for him there, too.

In light of Gibson's and Icon's contact with Fisher prior to receiving our report, their first assertion--that we were working with a stolen script--is at least disingenuous. Gibson himself may not have formally "authorized" our reviewing his screenplay. But he certainly knew what we were doing. He had cleared Fulco to function as the point man. And, through Fisher, he had been in contact with us. Also, the initial condition of confidentiality could only have come from his side. Icon did not decide that the script had been "stolen" until they learned of our response and did not like it.

The second assertion of Gibson's company--that the film, which of course we have not seen, does not follow the screenplay, which we have seen--also seems simply false. A rough cut already existed before March 7, when the Journal's reporter viewed it. Shortly thereafter, on March 25, Fulco--who is well positioned to know--stated plainly that "the film follows the script quite faithfully." And Gibson's and Icon's knowledge that we were reviewing the screenplay counts against their second claim also. Gibson had asked Fisher on April 24 to communicate on his behalf with our group. Why would he be so concerned with our evaluation if he knew that what we were evaluating bore so little resemblance to his actual film?

Finally, details of the film as reviewed by the insider-fan on June 26 conform exactly, alas, to what we had seen in the script. Satan inciting the executioners at their task; "a vicious riot of frenzied hatred between Romans and Jews with the Savior [en route to Golgotha] on the ground in the middle of it getting it from both sides"; the post-crucifixion Mary-and-Jesus pietà--no such scenes exist in the Gospels. But they are all in the screenplay that we saw.

That script--and, on the evidence, the film--presents neither a true rendition of the Gospel stories nor a historically accurate account of what could have happened in Jerusalem, on Passover, when Pilate was prefect and Caiaphas was high priest. Instead Gibson will apparently release what Christopher Noxon, in his article for the Times, had correctly described already in March: "a big-budget dramatization of key points of traditionalist theology." The true historical framing of Gibson's script is neither early first-century Judea (where Jesus of Nazareth died) nor the late first-century Mediterranean diaspora (where the evangelists composed their Gospels). It is post-medieval Roman Catholic Europe. Fulco could have spared himself a lot of trouble and just put the entire script into Latin. Not pagan Roman Latin, but Christian Roman Latin. For that is the true language of Gibson's story.

What happens now? Chopko, the USCCB general counsel, formally notified Icon of the bishops' regrets "that this situation has occurred, and offer our apologies." On June 11, the USCCB issued a statement clarifying its official relationship to our report. The bishops knew what we were doing (Fisher, an officer for this group, had informed them), but the plenum group had not "established, authorized, reviewed, or approved the report written by its members." This is absolutely true. Fisher, together with Korn, had convened us. We worked as independent scholars, though four of us also have formal connections with the USCCB.

Those four of us have posted a review of these events on the Boston College website. We have also posted there an analysis of the mystical writings of Sister Anne Catherine Emmerich (1774- 1824), one of the visionary nuns whose writings Gibson used for his script. Emmerich wrote in her diary that she had "seen" the high priest ordering the cross to be made in the courtyard of the Temple itself. The high priest's servants, in her visions, bribe Jerusalem's population to assemble in the Temple at night to demand Jesus's death; they even tip the Roman executioners. Emmerich's Pilate criticizes the high priests for their physical abuse of Jesus, but finally he consents to crucify him, because he fears that the high priest wants to start a revolt against Rome. And so on.

Emmerich was not writing history. She was having visions. But--as The Wall Street Journal, the film's unofficial website, and numerous news articles since have all mentioned--Gibson used Emmerich's fantasies for his supposedly "historical" script. Since the Boston College posting has brought this piece of the story forward, Paul Lauer, Icon's director of marketing, has denied that Gibson used Emmerich's writings. But he had: the nun's lurid images figured prominently in the version of the screenplay that we read and that Gibson was concerned about as recently as April 24.

Icon's publicist, Alan Nierob, has spun the communications from the USCCB as if the bishops had recanted the project entirely. They have not. Both Chopko and the conference affirm the USCCB's commitment to reviewing the film. The conference's statement of June 11 closes by referring to the importance and the sensitivity of dramatizations of the Passion. It directs readers to its own published guidelines for such, "reminding Catholics that the correct presentation of the Gospel accounts of the Passion and death of Jesus Christ do not support anti-Semitism."

Monsignor Francis Maniscalo, the memo's author, concludes by naming further publications assembled by the bishops. These instruct the church on the Shoah, on Catholic remembrance of the Holocaust, and on Catholic preaching about Jews and Judaism. "The Conference," Maniscalo closes, "reserves its right to review and comment on this and all other films." Hutton Gibson might disregard these men as the servants of Freemasons and Jews, but his son will doubtless be hearing from them again. I hope that they bring to their eventual review of this unfortunate film the full weight of their unique moral authority.

Steve McEveety, the Icon producer, has reiterated that Gibson's film "has not even been completed." The release date seems set for next spring. That still gives Gibson lots of time to work on it, and to address its most egregious aspects. Compelled by whatever combination of individual temperament and commercial self-interest to repudiate the scholars' report, he can still avail himself of it.

The prognosis does not look good. While he has continued to insist upon his personal piety and his commitment to historical truth-telling, Gibson has just executed what looks like a very cynical marketing end-run. As The Washington Times reported on July 7, Gibson "is shopping his film to a more receptive audience: evangelical Christians, conservative Catholics, and Orthodox Jews." Orthodox Jews, I can say with authority, tend to know next to nothing about the Gospels (unless, of course, they are scholars of the field). Conservative Catholics are Gibson's set-point to begin with. But evangelical Christians, in my experience, know their Scriptures very, very well. Their biblical literacy may yet cause Icon's spinmeisters to stumble. I certainly hope so.

Anti-Semitism is not the problem in America that it is in the rest of the world. (The hateful e-mails that we have received have been balanced by others, from church leaders of inter-faith efforts across the country, expressing their support and their concern.) But I shudder to think how The Passion will play once its subtitles shift from English to Polish, or Spanish, or French, or Russian. When violence breaks out, Mel Gibson will have a much higher authority than professors and bishops to answer to.

Paula Fredriksen is the Aurelio Professor of Scripture at Boston University and the author of Jesus of Nazareth, King of the Jews (Vintage), a historical study of the last twelve hours of Jesus's life.

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