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Scriptnotes, Episode 460: Adapting with Justin Simien, Transcript

July 21, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/adapting-with-justin-simien).

**John August:** Hey, it’s John. Craig uses the F-word a couple of times in this episode, so just a warning in case you’re in the car with your kids.

**Craig Mazin:** Sorry about that. It just happened. It slipped out.

**John:** Hello and welcome. My name is John August.

**Craig:** My name is Craig Mazin.

**John:** And this is Episode 460 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the show we look at adapting features into TV series and adapting to changing norms of portraying people of color and historical figures. And in our bonus segment for Premium members we’ll talk about Hamilton on Disney+ and what it means for musicals on screen. To help us with all of this we will be welcoming writer-director Justin Simien.

But first we have some industry news. Craig, what happened this last week?

**Craig:** So on July 1st the Writers Guild announced, that’s the Writers Guild West, in conjunction with the Writers Guild East, announced that conjointly they had reached a tentative agreement with the studios on a new three-year contract. You were on the negotiating committee. This was kind of a strange one because of the pandemic and all the rest. And I think this may have been the first in my memory, this may have been the first deal that we negotiated after both of the other two major creative unions.

**John:** That’s right. So in our backstory here, so as we’ve talked through the lead up to this, generally the three big guilds, the Directors Guild, Screen Actors Guild, and the Writers Guild, each of them is negotiating a three-year contract. I forget exact expiration dates but generally the DGA goes first, SAG generally follows after the WGA. Sometimes it goes before the WGA. But our contract had actually run out and we’d extended two months because of the pandemic basically.

We started all the process of gearing up for this negotiation. So we did the survey to members. We did the pattern of demands. There was a vote on the pattern of demands. We had member meetings. And then suddenly we could not have member meetings anymore because there was a pandemic. We could not gather together.

**Craig:** Yeah. And a lot of people had asked me at the time when we were running up against the expiration what would happen if there wasn’t some sort of official extension. And the truth is there kind of is an implied official extension. If your collective bargaining agreement expires and there is no strike and there is no lockout, essentially the contract remains in place and is largely enforceable. There are a few things that go away like grievances and things, but mostly it extends itself.

So people were a little concerned, like wait, do residuals stop on that day? No. Everything just keeps on sort of motoring along. But what you don’t get are, for instance, increases, or any of the things that you’re hoping to get, or probably know you can get. So it’s a little bit of a game of chicken. You don’t want to extend forever. You want to get a new deal done. So, I was not particularly freaked out by that.

**John:** No, I wasn’t either. Things to keep in mind though is that so the pandemic, of course, meant that we could not meet in person, but also meant that all production had shutdown. So suddenly the entire town was not working, except for weirdly the writers. We were still employed. And we were still employable. And we had virtual rooms. So it was a weird situation that we were going through. And then in the middle of these negotiations, which were all happening on Zoom, we had the George Floyd protests, Black Lives Matter. We had a lot of other stuff sort of happening in society. And that was impossible to ignore that these other things were happening while we were trying to negotiate a three-year contract with the studio.

So there was a lot going on is basically what I meant to say.

**Craig:** There was. Look, you and I know that for, I don’t know, a while now there had been a lot of talk that the writers would be going on strike. I would hear it all the time. And I just didn’t ever think we would. It just didn’t seem – this was before COVID, before the world started to turn upside a little bit. It just didn’t seem likely to me. I didn’t quite understand why everyone was freaking out. Maybe I’m just naïve. But it didn’t seem like it was going to be a strike situation. It really didn’t seem like it was going to be a strike situation once the DGA and SAG had already cemented the pattern in place.

So, I was not surprised by this. I think some people were. Nor was I surprised particularly by how it all worked out. It kind of seemed to me like it worked out the way I expected it would.

**John:** I would say it didn’t work out quite the way I expected it would. So, and again, perspectives in terms of like who we’ve been talking with and sort of which rooms we’ve been in, but let’s go back and talk about sort of the strike idea, or the strike threat. Because in our last negotiation, the 2017 negotiations, there was a strike authorization vote that happened. And that’s one of the things that unions do when they are in a negotiation to show like, hey, we actually will – we would step out. We would stop working if this were to happen. Much harder I think to play that card when the entire town is shut down.

**Craig:** Yeah. That’s true. Although I’m happy that we couldn’t play that card because I don’t really think we should be playing that card the way we do. First of all, I don’t think it comports with our constitution. But also I’m just – we had gone through this last time and I was like on record I am not doing this whole – even if I don’t want to strike I have to vote yes for a strike. I’m not doing it anymore. It’s just crazy. We shouldn’t be in that business of just constantly asking our members to vote for something they don’t want just so that it won’t happen, and then it happens. I’m glad.

We do have to figure out how to have a reasonable strike threat without taking that vote. I think we did in 2001. We did a really good job of pushing it right up to the brink. We didn’t have a strike authorization vote, but it sure seemed like it was inevitable. And then at the last minute a deal was worked out.

**John:** So let’s recap what the issues were going into this, pre-pandemic, sort of what was on the table. So, for a change it wasn’t about the health plan. The health plan is actually funded and fine. We knew that the DGA had taken a rollback on residuals for TV syndication, so that was a thing that was going to be pushed at us. We talked a lot about pension and keeping our pension funded, so that we actually can pay what’s being owed to writers.

We talked a lot about streaming and SVOD, specifically residuals for streaming and SVOD. The idea that if your show is a massive hit for Netflix or for Amazon your residuals should reflect that. And right now they don’t. We talked about getting rid of the reduced rates that studios can pay for writers, newer writers, so there’s a new writer discount. There are trainee rates, which mostly go to underrepresented class of writers, minority writers, Black writers.

We talked about teams and the way that – writers are the only group in this industry where two people are sharing one salary and in sharing one salary there’s some real inequities that happen there, in their rates and also how things are calculated for pension and for health.

Comedy and variety, so when we had Ashley Nicole Black on the show talking about how if you’re writing on one of these talk shows, like late night talk show that’s for a steamer, there aren’t even minimums. There’s not residuals. It’s all sort of a wild free for all.

In feature land, because Craig and I focus on this, there was a proposal for a theatrical residual for foreign distribution. So essentially the same way that when an American TV show is shown overseas we get residuals for that. Shouldn’t we get residuals for an American movie that is showing overseas?

We talked about a second step for screenwriters. This has been a thing that Craig and I have been hammering on for years and years. The idea that especially writers who are being paid less than a certain percentage of minimum, or certain double of minimums, that you need to guarantee them a second step. They are the most vulnerable feature writers and they are being exploited in one-step deals.

**Craig:** Yeah. Generally speaking I think all these things are important. The guild has to figure out what their priorities are and what is more getable than others. I just want to mention that pension was a real issue. I mean, you all saw that. Somebody should be apologizing to Nick Kazan who went out on a limb and made a very strong statement during the last election that our pension was in trouble. And I believe he got just a ton of anger about that and denial. There was just like official Writers Guild denial that the pension was in trouble. And he was right. The pension was in trouble. And somebody should apologize to him for that.

And I’m glad that we were able to address it because the guild essentially has two major moral obligations as far as I can tell. One is to the emerging writers and one is to writers who are in the sunset of their life, because that’s when we need the care the most – when we’re coming up and when we’re on our way out, not to be too grim about what it means to be a retiree. I’ll be there soon enough.

The feature thing is obviously – it just hurts. And we are either going to be in a situation where we keep kicking that football down the field and punting forever, or we make it a point of saying that that is now the priority and it’s more important than other things like the every three years improving the payments and rates and terms for television writers. We’re just going to have to do it or not. Right? But right now we are on a pretty much a 25-year streak of nothing for screenwriters specifically.

And so I don’t know what to say. Certainly I’m going to be voting yes on this contract. I think most reasonable people would. But I just don’t know what else we can do internally, other than to continue to encourage screenwriters to run for the board. I know Michele Mulroney is a big advocate for screenwriters. I’m glad she’s there in the room.

**John:** She was co-chair of the negotiating committee.

**Craig:** And I hope she keeps pushing this. I know she wants it. I know that.

**John:** So you were saying the guild has a specific focus on writers at the beginnings of their careers, emerging writers, writers at the end of their careers. Another area which was on our pattern of demands was paid parental leave which is a real crux point there because for many writers it’s the moment at which they have to decide am I going to continue a writing career or am I going to have a family.

**Craig:** Yeah.

**John:** And so one of the sort of real breakthroughs I think of this negotiation was for the first time, for the first guild ever, we have a paid parental leave which is entirely funded by studio contributions. It’s 0.5% of writer’s earnings go into a fund that pays for paid parental leave. It’s worth $30 million over three years. No one else has it. I genuinely believe DGA and SAG have to get it for their next round. I think it could be groundbreaking for writers, especially women, who feel like they have to choose between a family and a writing career.

**Craig:** Yeah. No question. This is definitely of greatest value to us because it supports women continuing in the workplace. We know that just because of the nature of the way birth works that parental leave accrues to the benefit of women in the more immediate and important way. And because – I’m not sure if it ever will carry over quite the way it has for us to the DGA and SAG, because the nature particularly in television is that it is a Monday through Friday gig. You show up, if you’re in a room and you work and you go home. Directing, there is no ability to take leave in the middle of a movie as a director. It just doesn’t work financially. And the same goes for actors. It’s going to be much more difficult for them.

I’m not saying that they deserve it any less. It will just be much more difficult for them to get.

**John:** Craig, I think you’re misunderstanding it though. This is actually – it’s fully portable. So I think a feature writer is in much the same situation as a director. And a feature writer will be able to use this because the money that has been socked aside from this is going to go to them. So, you know, while you may not be leaving your exact job the way that someone who is working as an executive at Disney would leave to go on parental leave, when the time comes and you are not taking work because your job is now to raise a newborn you will be able to use it.

So the fact that it applies not just to TV writers but to all writers, to comedy/variety writers, is crucial.

**Craig:** Of course. Absolutely. I think, no question. I wasn’t questioning whether or not it applied to all writers. And I’m glad it does. I’m just suggesting that it’s going to be harder for the DGA and SAG to get it. But I hope they do.

But, no, I’m thrilled that we got this. I think it’s incredibly important. And it is going to make it easier for us to improve our parity, well, we don’t have parity statistics, but will improve our statistics and help push them toward parity, particularly in gender. So this was a big win for us and I’m thrilled that we have it.

**John:** Cool. Let’s wrap this up by saying the things we did not get, which I think are still really important. That sense of tiered residuals or some way of recognizing that if something is a giant hit for Disney+, like Hamilton, it should be paying out more in residuals than something that is not a hit. And there needs to be some way to recognize that and to pay that.

**Craig:** You’re talking about like elevations of the formula itself?

**John:** I’m saying elevations of formula or an actual true formula. How often something is streamed impacts how much a writer gets in residuals?

**Craig:** Well, there’s not connection whatsoever to the amount of showings? It’s just a flat number?

**John:** It’s essentially a flat number?

**Craig:** Isn’t there a formula with [imputions] and [unintelligible].

**John:** No. So right now the way in which you figure out how valuable something is is kind of an internal calculation based on the market value of the thing. But it doesn’t actually make sense when Netflix is making something for Netflix. They’re not selling it to anybody else.

**Craig:** Got it.

**John:** And so there’s no transparency.

**Craig:** They’re self-made stuff. And there is no transparency. We know that. And this is – this is a really tough nut to crack. Because even if you come up with a tiered plan you have to rely on their numbers. Because there is no Nielsen. There’s no ticket sales. There’s no box office. I mean, Netflix repeatedly says that people watch their shows. It’s some number that’s absurd. It’s just like, “Yeah, 400 billion watched our latest—“

No they didn’t. No they didn’t. They have their whole like, oh, they watched it for two seconds. But then in reality they’ll come back to you and say, “Oh yeah, no one is watching it.” I don’t know how they – how do you get that without transparency from them?

**John:** But the reason why this is so crucial just to wrap this up is that as more and more stuff goes streaming first, as what we consider theatrical features are made streaming first, this matters. Because the future of residuals is going to be on streaming. And so we need to make sure that residuals actually make sense on streaming.

**Craig:** Look, this battle is hugely important. And this is a battle that will cover both feature writers and television writers.

**John:** 100%.

**Craig:** Because right now I’m looking around, I’m not seeing theaters even open. And when this ends I don’t know what that looks like. And I also don’t know – I don’t think any of us really truly understand the economics that the studios are currently contemplating. The cost of putting Hamilton on Disney+ is vastly lower than the cost of putting it in theaters. Vastly lower.

Now, are they losing out on ticket sales? No question. Do they make it up in subscriptions and subscription retention?

**John:** Maybe?

**Craig:** I don’t know.

**John:** I don’t know.

**Craig:** I don’t know. But what I do know is if things continue to go the way they are, I mean, even prior to COVID Netflix had no problem making movies for Netflix that just stream. So, yes, we need to figure out that formula. And that will be a strike issue. And that’s something that we’re going to have to – I would love if we could somehow talk to DGA and SAG about that, too.

Foreign theatrical is probably not as big of a deal. I don’t that that’s – for me, personally is much of a – that feels a little bit like arguing over a somewhat sun-setting thing.

**John:** Just to help the Deadline Hollywood headline writers who are going to say, “Craig Mazin: We must strike.” All right.

**Craig:** [laughs] Well, I’ve always said [Wannsee] and we have to strike over something. They really need to look carefully at that. But I also do think at some point we are going to have to as a union collectively, and I’m talking to television writers now, do for feature writers what feature writers have done over and over for television writers.

**John:** I would also want to include comedy and variety folks in there as well. We think we get the short end of the stick. They get no stick at all.

**Craig:** They get no stick at all. So I think we should concentrate on the no sticks and short sticks people in our next go around. But for this go around I think that you, your committee, the guild pretty much did the best they could. I don’t see, I mean, just because I’m disappointed that certain things aren’t there, well, duh. I mean, I guess if we’re not disappointed then we really under-asked, right?

**John:** Yeah.

**Craig:** But this seems like a pretty solid deal. And pretty much what I imagined it would be. And we should all vote yes and get back to – well, keep working I guess.

**John:** We’ll keep working. All right. Now for the marquee attraction of this podcast. Justin Simien is a writer-director whose credits include Dear White People, which won the US Dramatic Special Jury Award for breakthrough talent at the 2014 Sundance Film Festival. In 2017 his television series based on the film debuted on Netflix. Now two seasons in it’s received a notable spike in attention given the protests and national conversation about race and racism in America.

His follow up feature, Bad Hair, debuted at Sundance in January, which feels like a century ago. Justin, welcome to the show.

**Justin Simien:** Hey, thanks. Good to be here.

**Craig:** Great to have you on, man.

**John:** It is a pleasure. So, where do we find you today? Describe your surroundings as we’re recording this.

**Justin:** I am Skyping from lovely Los Angeles where coronavirus is everywhere. And, yeah, where I’ve been just sort of working out of my house, you know, since February like everybody else.

**Craig:** You’re nesting. You’re nesting. We’re all nesting.

**Justin:** Absolutely.

**Craig:** Which I like. Yeah.

**John:** It’s a good instinct. So, let’s talk a little bit about your background. So you are a film school person, is that correct? We get so many questions on the show about like, “Hey, should I go to film school?” People who are in high school or people who finished college and thinking like, oh, should I go to film school. You are a film school person. I am a film school person. Tell me about your film school experience.

**Justin:** Wow, I’m a film school person, guys. You know, it was interesting. I have to say I figured out what kind of storyteller I needed to be/wanted to be in high school because I had the fortune of going to a performing arts high school. I studied theater. What was I called? I was a theater major with a musical theater emphasis. And truly if it wasn’t for that experience I don’t know what I would be, where I would be, how I would be. And so for me college was actually a little bit more like a high school in that there was certainly a film school component to Chapman University, but there were also other schools there. And there were other kinds of folks there. And there were quite a few people who had grown up and spent their whole lives in Orange County and had never met Black people before.

So it was a little more I would cliqued than my actual high school experience. But, the thing that I really loved about the Chapman film school is that, you know, there’s really this emphasis on making things from day one. You’re not sort of learning theory. I was making short films right away. And they were probably really terrible and I haven’t watched them in a long time. But it felt so great to be able to, you know, apply what I was learning kind of immediately.

And I think there’s a lot of stuff that I learned. There’s a lot of stuff that I’m realizing I didn’t learn in film school that has become essential to me.

**Craig:** Oh, well, let me stop you there. Because I’m not a film school guy like you two fancy lads. So I’m kind of curious what are the things, and I would imagine people who run film schools should be curious about this – what are the things you didn’t learn that you maybe think you should have, or at least film schools could do better?

**Justin:** Well I think film schools, well, I don’t know if this is true for all film schools, but it feels like it’s all about preparing folks for a certain kind of job. You know, you’re taught single protagonist storytelling. The things that I learned were very focused on like how to fit within Hollywood’s existing framework, which I think is valuable and interesting and helpful, but is incredibly limiting, too.

Specifically when we talk about cinema history, specifically Black people and African-American sort of contributions to not just Hollywood but cinema history in general are almost completely ignored. You maybe get like a conversation about Blaxploitation but like, you know, when everyone learns about Birth of a Nation we all watch the movie or we all watch clips on that. We discussed in great detail how D.W. Griffith invented cinema language and editing and cross-cutting and all of these things. And everyone is very careful to parse out the egregious racism in that film from its cinema techniques.

But then no discussion is ever given to the fact that that actually begins the independent film movement in America because, you know, Black Americans were so outraged by that film that you have the rise of someone like Oscar Micheaux who actually creates an entire Black Hollywood system, with its own stars and its own theater chains and all this stuff.

And this is stuff you just kind of have to find out in life if ever. And it’s actually like essential knowledge. This is actually the framework, the groundwork, for independent cinema as we know it. And of course independent cinema is what I’ve been operating in since I got my break.

**Craig:** It’s fascinating I think the general perception in let’s just call it the hegemonic culture in the United States is that universities and higher education is a hotbed of Marxist hyper-progressive thinking. And in fact the more I talk to people the more it seems that at least in a lot of these institutions things are fairly regressive. I don’t really understand. I mean, I’ve got to be honest with you, just as a side note about film school. A lot of people bring up Birth of a Nation. It’s been brought up a lot lately. John, have you ever seen Birth of a Nation?

**John:** I’ve never seen Birth of a Nation. So it only adds a thing that people talk about rather than an actual thing to watch.

**Craig:** Let me go on record here for a second. Birth of a Nation sucks. And I understand that people, like why they study it, because it was the first one. But it sucks. It’s sort of like let’s all study the first sandwich that was ever made. It was one stale piece of break that was folded over a shitty piece of meat, but look, a sandwich was born. Well who gives a shit?

Yes, OK, so he created these things. But it doesn’t matter. We all know what those things are. It seems like such a pointless exercise. And it’s a boring, overlong film. And the heroes are the Klan. It’s just stupid. I don’t know why anyone is bothering with it. Here, you want to summarize the value of Birth of a Nation? Let me teach you what cross-cutting is. There, that’s what it looks like, in 4,000 other movies since Birth of a Nation. Who gives a damn?

So, anyway, that’s just my rant on Birth of a Nation. I don’t understand why film schools are so obsessed with this boring, crappy thing. It just sucks. Come at me Birth of a Nation stans.

**Justin:** I know.

**John:** Send your emails to ask@johnaugust.com

**Justin:** A very controversial statement.

**Craig:** Yup. I’m out there.

**John:** But before you got into that rant I think you were asking why film schools and the Hollywood studio system are so regressive or so traditional and they are institutions. It’s basically they have a gatekeeper function. They classically have had that. And for people who were excluded from that system you have alternative systems that rise up. Just like we have alternative press and alternative newspapers, you had alternative films and independent films. And that’s what I think Justin is signaling that we have not been paying nearly enough attention to the history of independent film. We’ve only been paying attention to the history, the line that goes from Birth of a Nation through Casablanca up through, you know, Jaws.

**Craig:** Or when we do look at independent film we’re looking at our single, typically white male hero directors. That’s kind of the ‘70s worship of the guys that came in from USC and all that.

**Justin:** And those guys are great, you know. But the truth is that that kind of – these pockets of filmmakers exist all over the place and exist all over the globe. They exist in every race and every gender. But it’s only a certain grouping of them that we talk about.

And this is something that I deal with in the show Dear White People because the Ivy League that the kids attend in Dear White People is meant to sort of be an analogy for America or for imperialism or whatever. But the thing is all colleges are kind of based around this Ivy League system, at least in America. And the Ivy League system really came out of specifically preparing white, I believe Protestant men to be a part of the American workforce.

And so even though we’re moved from those days, college is really just about preparing a person to become a product. You are–

**Craig:** This is so good.

**Justin:** You are preparing to establish your market value. This is what I deserve to earn as a filmmaker. And so things that college is particularly concerned with is what the market is already looking for, what it already demands. You’re looking really to figure out how to fit yourself in a can of soup so that it can appear on the proper shelf. And I think that that knowledge is important and is interesting, but it isn’t like sort of the same as like, you know, knowledge in general. It isn’t the same as art and conversation and dialogue. These are things that happen in a culture and a society actually all over the place and in ways that might surprise people and are unexpected and don’t sort of fit neatly into a curriculum.

So, I really enjoyed film school. It was kind of like an escape. It was a way for me to get out of Texas and just sort of make movies every day and have that be normalized. But, a lot of what I needed to learn to sort of become the filmmaker that I am I had to figure that out on my own. I had to go find that stuff.

**Craig:** I fell into your discussion of higher education like a cold man going into a nice warm bath. That is so – I cannot tell you what a breath of fresh air it is to hear somebody talk about the higher education industry the way you just did, because it’s so spot on. I mean, the Ivy League tradition was originally meant to educate the wealthy sons of wealthy captains of industry so that when they took over the business they had some, I don’t know, general understanding of just well-rounded liberal arts and weren’t just kind of narrow dumb-dumbs.

And what we’ve ended up with, you’re exactly right, is a system where we actually before you get to college you are already a product that is being analyzed and tested and tested and tested. And the purpose of the testing is to get into a school. The school does nothing more than prepare you ultimately, I mean, what do Ivy League schools really prepare you for? I went to one. So I can tell you. To go work on Wall Street. That’s what they prepare you for.

I had no interest in that. So, I don’t know why I went there. This is a great – we should have a whole other discussion, like a very radical discussion about higher education on another time, because I’d love to dig into that. But obviously we have many other things to talk to you about.

**Justin:** We do. But just really quickly I have to insert like a really—

**Craig:** Go for it. I love it.

**Justin:** Something that just came up, because we research a lot every single for Dear White People and I was researching the admission standards and how that works. And not only was the goal of the initial Ivies to prepare white Protestant men to lead what they felt was going to be a new empire, the American empire. But specifically it was designed to weed out in this country at that time Italians, Jews, Black people, women, you know, everyone else so that they couldn’t sort of take the reins of this new empire. It was a way to make sure that only a certain sect of people would get to lead it.

**Craig:** It’s a weird thing. It is a weird thing. When you start to look back at how recent this was not just like an implied bias or a secret bias but just an open policy. Open.

**Justin:** In fact, it was created to enforce the bias.

**Craig:** Correct. I mean, we have a world where Einstein is teaching at Princeton and is generally considered the smartest man in the world and the father of the nuclear bomb that helped us win WWII, blah-blah-blah. And there is still a strict quota on Jewish students at that time at Princeton. Anyway. And by the way, no women. And Black people…what?

**Justin:** Oh please. No, Black people – you know, this idea of systemically taking Black people out of the history of various things, that really begins in WWII because they felt like the general public couldn’t take the idea that there were Black people fighting in the war, but what we were fighting was white supremacy. Like wasn’t that what we were fighting? Weren’t we trying to end fascism?

**John:** Who is the white supremacist actually?

**Craig:** Their white supremacy has a crazy costume, so that’s bad. But ours…

**Justin:** And so instead of going into it let’s just remove them from it. So that’s why you don’t see any Black people in WWII. That’s why you don’t see any Black people in the history of cinema ever talked about before the ‘70s.

**Craig:** Right.

**John:** All right. Let’s get back to your university setting. So can you talk us through the decision to do Dear White People as a feature, the original feature you made, and then the decision, let’s transition into making it into a TV series? So the initial idea for Dear White People as a feature. Where did that come from?

**Justin:** I was sitting in college after one of many very funny conversations between the few Black people that went to Chapman. I was in the Black Student Union. And I was just having a conversation with a friend about how funny is it that like for certain Black folks, you know, we will tolerate all kinds of personalities because we like need each other in a way that’s different. And we just had this conversation about friendship and race that was like why isn’t this kind of conversation in a movie. I of course adored Spike Lee and Robert Townsend and John Singleton and Charles Burnett and sort of the Black filmmakers that came out of the late ‘80s/early ‘90s. And I loved that, it’s probably problematic to say it now, but I guess it was then so I can say it. I was super into Woody Allen. Dun-dun-dun.

And like–

**Craig:** That’s all right. That’s OK. They’re movies.

**Justin:** Sort of like dialogue-laden, talky, articulate comedic satires. And I felt like I wanted to do that, but I wanted it to be new and fresh and speak to something that wasn’t being talked about. And what I felt at the time was that there really wasn’t anything in popular culture that was reflecting specifically my Black experience of being a Black person among mostly, vastly white people. Yes, I had my sort of community of Black people and Black friends, but most of time was navigating a very white world and having to cross in between those two things. I felt like that was an experience that I was having that all of my Black friends are having but yet none of us had a movie or a TV show that reflected that.

And so that’s really where it came out of. And at that time I just really knew that I loved multi-protagonist movies. It was like the one thing that no one at film school seemed interested in teaching me how to write or make. But I knew that I loved them and I loved Altman and I loved Do the Right Thing. And I loved Election. And Fame. These movies that nobody is right. And it’s not about consolidating around one particular point of view. It was about challenging the status quo from a bunch of different points of views.

And even though I didn’t really have language for all of that at that time I knew that my first movie had to be in that kind of world. And so ever since I had the idea to do that I really, you know, I spent years and years just sort of really self-educating myself how to write something like that. And in doing that it just became obvious to me that like within an hour and 40 minutes I could tell this story. But if this were ongoing somehow, if this were a series, and again in 2005 when I first started the idea of something like Dear White People being on television was laughable.

**Craig:** Right.

**Justin:** I mean literally it was unheard of. Nobody thought that that would ever happen. But in my imagination I thought, boy, this would really make for a great show. And I was inspired specifically by the M*A*S*H becomes a show. You know, Altman who is sort of a master of multi-protagonist cinema. It was already in my head. So by the time it started to come up it really wasn’t a decision. It was like do I want to pay rent and follow this opportunity to make Dear White People a show, or do I want to spend another eight years trying to get another movie made. So I picked the one that paid my rent and allowed me to keep going.

**John:** Justin, I want to stop you there on your decision to write the script while you were in film school. The idea that like, OK, this is a movie that I want to see that doesn’t exist but I want to see. And I think a message we keep trying to get out is that, you know, people ask us what you should write and we always say like write the movie you wish you could see. And it sounds like it’s exactly, Dear White People was exactly the movie you wish you could see because it did not exist out there. And you would have bought tickets for the very first showing, the very first day if it did exist. And so you had to make that movie. Is that fair?

**Justin:** I think that’s fair. And I think that’s a really important thing to stress because I think what we’re all taught, not only in film school but in film books and just by popular culture in general that like the most important question to ask is who is your audience. Who are the strangers that you’re sort of pouring your guts out for? And let’s make all of our creative decisions based on that hypothetical.

Whereas I always bought that, because I was like well I actually want to make things for me because I fucking love cinema. Like I will drink cinema’s dirty bathwater. I love it so much. And so what I want to see is a valid thing to bring into the equation because I’m not getting, you know, me as a gay, Black lover of cinema I’m getting hardly anything that’s geared specifically to me. It’s always an adventure from the outside in, you know, when I watch movies. And specifically when I watched the movies that people say are the great ones and the ones to watch. Like I’m having to look from outside a window into usually a very white life that Black people hardly ever show up in.

**Craig:** Well it’s described as this empathy gap where people who are in marginalized communities, in your case Black, gay, you are forced by culture to witness straight and white over and over and over to the point where if you’re going to appreciate what are an enormous amount of brilliant cultural works, you have to find a way to empathize with that culture. That culture doesn’t necessarily have to find a way to empathize with you. Right? Because they don’t have it. And, in fact, when you ask them to empathize with the other they really seem to struggle.

And what I find so interesting about the way you’re describing your relationship to the audience is that you have combined what you have taken in and who you are and then you say I want to make something that I’m passionate about that has a purpose. There’s sort of a purposeful self-expression. And I will argue over and over again until I expire that if you have a personal expression that is unique to you, meaning you’re not copying other people, right, so you’re not cynical, and you are not concerned with hitting a target. You’re simply expressing a concept that you believe hasn’t been expressed in this way and could not be expressed by anybody else like you can do it. If you have that, plus talent, then the audience will show up. Right?

So that’s like the old joke of like how do you avoid paying taxes on a million dollars. Step one. Get a million dollars. Right? So you definitely need talent. But there are a lot of talented people who don’t really get – look, for whether or not, people can argue about what my talent level is, but coming out of this very middle class kind of workday ethic background that I did my attitude was you work the jobs they give you. And that was where I was. And that’s where I was for a long time.

You were clearly and are clearly a braver person than I was. And it’s for the better. If you have talent – I mean, that’s obviously the key, then you trust it. You will essentially create the audience for the work that you do.

**Justin:** Yeah. I mean, I think that that that’s true. But I also think that for somebody like me, specifically Black, gay, it isn’t a given that an audience will show up. You know, there are so many brilliant storytellers who are braver than I am frankly and who are really out there, you know, doing something that popular culture is not ready for. But because they are a woman or because they’re gay or because they’re something other than straight white men audiences don’t find it. And people don’t champion it.

And I think my bravery, if you could call it that, really comes from a sense of urgency. A sense that like if I don’t do this and if I don’t take this chance and if I don’t sort of make the loudest version of this thing I will be completely ignored. You know? It’s sort of like there’s a pressure there.

You know, Dear White People is not the only thing I came up with. Dear White People is not the only thing I was thinking of in 2005 when I started writing it. But I knew that it was the one that had to come first because it was loudest. It doesn’t feel courageous in the moment. It actually feels quite terrifying. But I appreciate that it reads as brave. [laughs]

**Craig:** Well, you know, you can’t be brave if you’re not scared. Right?

**Justin:** That’s very true.

**Craig:** Bravery is action in the face of fear, I think.

**Justin:** That’s absolutely true.

**John:** Well, Justin let’s talk about the actions you took in that face of fear. What were the steps from I have this idea, I’ve written this script, to actually we’re rolling cameras and we’re finishing a film? What was the process of getting from idea to there’s a movie that can debut at Sundance?

**Justin:** Well, for me the process was really about motivating myself to do the work. There was a tremendous amount of work to do for Dear White People. One, I had to learn how to write it. I had to learn how a multi-protagonist film works. Because they don’t work in the same way that a single protagonist film works. And the kind of obvious thing of like, oh, it’s just like a single protagonist film but with many protagonists. It actually doesn’t answer a lot of questions. And it’s a really easy thing to get lost in.

And so part of my process was to watch everything that was multi-protagonist first and foremost. And then watch everything that felt like issue-driven. And whether or not it felt like Dear White People tonally, whether or not it was a comedy, I needed to get into my DNA the way these movies operate because, you know, something like Do the Right Thing for instance, you know, Mookie is technically the protagonist but he actually isn’t the one that breaks us into act two. It’s actually Buggin Out that breaks us into act two by bringing up the brothers on the wall.

But then it’s Mookie who breaks us into act three, but [unintelligible]. So just like little things like that, having to sort of – you know, what are the rules here? And so that was actually a really wonderful process. And then the other part I’ll be honest is I watched the Star Wars documentary Empire Dreams countless times because what George Lucas was trying to do with that film was also to make something he wanted to see but that did not yet exist and in fact really nobody, even the studio up until the day before release, nobody believed in that project.

**Craig:** They let him have the rights to the merchandise. [laughs]

**Justin:** Oh yeah. And I think they put it in two theaters or something. It’s like no wonder it’s a blockbuster because it’s only playing on two blocks. I needed those stories and I read a lot of biographies just to know that I belonged in the room. Because the self-doubt is crippling, I think for anybody trying to break into this industry or be an artist.

But especially for me because I was trying to say and do things that frankly I had no indications that I would be allowed to do.

**Craig:** Love it.

**Justin:** So there was a lot of that. And there was a lot of table reads. There was a lot of self-prodding. Self-given deadlines. Forcing myself to, OK, I’m going to figure out this plot problem this week. I’m going to table read with this group of friends by this month. You know, that kind of thing just went on for years and years.

**John:** But at what point did you have – there’s a budget, there’s a schedule, we’re actually going to make the movie? What was the transition point from this is a script that I’ve written to this is a movie I’m making?

**Justin:** So around 2011 we had a table read and I felt like people got it. I felt like people were picking up what I was putting down. And there was a conversation after that table read that was exactly – that’s how I knew that the script was in a place where I felt it was ready to be produced because people were having the exact conversation that I wanted people to have in the lobby after seeing the movie.

And so I made a concept trailer, because I mean there was just absolutely no – there was no market for what I was doing at that time.

**John:** Let me push back against that. It wasn’t that there wasn’t a market, because we actually know there was a market because the movie did really well. But there wasn’t an obvious prior to say like, oh, an audience will show up for this movie. You had no evidence of that.

**Justin:** The movie did OK. But it was, you know, I remember sitting with my agents and these people who were very passionate about me and my career and the movie were like, “So just so you know, 90% of all independent financiers we actually won’t even be able to go out to because they won’t even look at the package because it’s a Black ensemble”

So, yeah, it was like really I didn’t have any clue how to get the movie made. So, I just took whatever next step was available. And I felt like, wow, we should make a concept trailer so that people can get what this is. Because on the page it’s multi-protagonist. It doesn’t read like a script that a reader would expect to receive. You know, some readers, particularly white male readers were incredibly offended by aspects of the script. And so I made this concept trailer so that people could see it and get a feel for it. And that went viral online. And instead of at the end of that trailer “coming soon” it would say, you know, “Don’t you wish there were movies like this? Me too. Give us some money and maybe we can make that happen.”

And we raised about $45,000 and we were able to hire a casting director. And essentially we made YouTube videos about the making of this movie until a bigger financier eventually maybe a year and a half later came onboard to properly finance the film at about a million dollars. And, you know, because of the virality of that original clip we were, you know, there was a studio that was interested for a while and then they dropped us. And then spread a story that I had dropped them. It was all of this BS like political stuff going on.

But the net result was the movie wasn’t getting made. And then a year and a half in, because we had built this fan base online, and then we were continuing to water it and foster it, you know, this financier, Julie Lebedev, who also financed my second film, Bad Hair, I mean, she was just like, “You guys have an audience before there’s even a movie. Like let’s do it. And can you do it for $1 million?” And I said I don’t know, but I know that I’d rather try than not. And that’s exactly what happened.

We went to Minneapolis because they had a rebate program called Snow Bate that had just come back. We landed and looked at the University of Minnesota and we were told, well, you know, if you want to shoot here, and at that point in time it was the only college in the nation that we conceivably had a timeframe that we could shoot at. They said, “Well then you need to start in two weeks.” And that’s what we did. We hunkered down. I started casting. And all of a sudden we were making a movie.

**Craig:** I just love this so much. I love stories like this because it just shows a certain kind of indomitability and an impossible persistence is required.

**Justin:** Yes.

**Craig:** It also – I think it also goes to the heart of this very strange paradox. I think people think that studio productions are all about minimizing risk and independent film financing is the riskiest proposal of all. It’s actually backwards. Most independent film financing is the most cowardly kind of financing. They only way they’ll give you that financing is if they can do foreign pre-sales which make them make money before you even start shooting.

**Justin:** Absolutely. Absolutely. And foreign pre-sales work on specifically white star talent.

**Craig:** Yes. White and generally male star talent. And that system is, I mean, we have a certain kind of wonderful racism here in America. There’s a very old classic racism overseas. It’s a different kind. It’s a different vintage.

**Justin:** Nostalgic racism.

**Craig:** Yes. Yes. And it is very much their theory is that “Black movies do not travel.” I mean, I can’t tell you how many times I’ve heard this. And we know for a fact that it’s not true. We know that.

**Justin:** We know it – it is proven untrue constantly.

**Craig:** Constantly.

**Justin:** And yet it’s still the paradigm. And so when people talk about how does racism persist, it’s like it’s not necessarily even an attitude. It’s not like – there maybe, but I don’t envision this hidden meeting of all the independent financiers and they’re like, “How do we keep the Blacks out?” Like it’s not like that. But when there’s these informal rules in place that’s essentially what we’re doing.

**Craig:** Yeah. There’s a received wisdom. And then every time a movie with a – let’s just say a significantly Black cast or a predominantly Black cast, or a movie about issues pertaining to Black people or race does well overseas they just say, “That’s the—“

**Justin:** “The exception.” Yeah.

**John:** The exception that proves the rule.

**Craig:** The exception. It’s an exception that proves the rule. Well, if every single exception is an exception then they’re not exceptions. It just happens so often.

**Justin:** It does.

**Craig:** First of all, hat’s off to the financier who was bold enough to say, “You have an audience. That’s all I need. I don’t need to be repaid by Spain, France, Germany, Italy before you can roll film.” I mean, to me that’s what independent film financing should be. So that’s good for her.

**Justin:** Well I think that’s great about Julie is that she would like that, but she recognizes that it’s wrong that that isn’t happening for certain kinds of stories and I think Julie is in the business of making – of proving markets that haven’t been proven by other people. And certainly with Dear White People and then again with Bad Hair, I think we’ve been able to do that.

**John:** Now, so you made this feature. It gets a great reception. The decision to go and make this as a TV series, in some ways it seems kind of obvious because when you have a multi-protagonist story, well, TV is multi-protagonist. You’re always going to be following multiple characters. So it seems like a pretty straightforward transition. And yet it’s so much more time and space and storytelling and a crew that is not just to make one feature but to make a whole series. You have potentially other writers. What was your process like figuring out how to move from I’ve made a feature to now I’m making a TV series?

**Justin:** Well, at that time I was certainly inspired by what was happening in streaming. I was inspired by things like House of Cards and Orange is the New Black because I felt like there was this new paradigm. There was this new space for cinema on TV. We were sort of moving beyond the idea that a show had to be very tightly formatted so that a kind of rotating set of creatives would come in and essentially make the same thing each time.

We were moving past that. And we were now moving into this world where you could stream an entire season of something as if it were just a really long movie. And that was really exciting to me. And I remember one of the early screenings of Dear White People there was an executive, her name was Tara Duncan, she’s president of Freeform now, but at the time was a creative exec at Netflix. And she said, “Have you thought about making this as a show?” And I said I absolutely have. And she said, “OK, well when you guys sell this,” at the time Netflix wasn’t really buying movies at that time, “so when you guys finally sell this I want you to think about it.”

And as I toured with the movie doing Q&As across the country a lot of which were at colleges, mostly white colleges where the BSU was throwing an event to show the film, or even in other countries like in Paris in particular, in London, Scandinavia, I was having these moments where I was realizing like, wow, the Black experience is actually a global one. And there’s so many things that we didn’t even begin to get into with this movie. So I started preparing just in my mind what would a TV show be like for this. And I started thinking about what could we do that would be new and fresh and exciting. And I came up with this idea of why don’t we give each character at least at the beginning their own episodes. So it’s a multi-protagonist show but it’s not a multi-protagonist show about this one light-skinned girl Sam and her friends. It literally is like when we’re in a Lionel episode we’re meeting everyone else from his point of view.

Wouldn’t that be interesting if we did something like I’ve seen Robert Altman do and I’ve seen other directors do with feature films, but we did that on TV? And that’s really where it grew out of. And there was a lot of material that didn’t get to be filmed that eventually became episodes. One thing that I recognized is that there were a lot of different kind of people showing up for the movie, but reliably Black women, young Black women were showing up. And were identifying with Sam and Coco. And I felt it was a priority to get Black women both in the writer’s room but also behind the lens to direct these episodes.

I never felt like this should just be coming from my point of view. I felt like my point of view should maybe set the parameters, but then I want a bunch of artists that are like me and I want to give them what I never get, which is room to do them and to say something that is specific to them. And that’s really the technique that I went into that with and I was able to do that. I was able to build a writer’s room where people felt empowered. Where people felt like they could bring their real stuff to the table.

We did the same thing with our creative departments, and particularly with the directors. And it’s been like going to graduate film school. I get to sit there and learn and mold and shape these world class directors.

**John:** Now, you have two seasons that are done and they’re out on Netflix.

**Justin:** Three.

**John:** I’m sorry, three seasons. But are there plans for – like what would you do next essentially? If there’s another season how does this current cultural moment we’re living in, how do you see that shaping the future of this show? What does it feel like to you?

**Justin:** We were actually writing season four when the lockdown happened earlier this year. And so we finished writing season four over Zoom. And then about the time that we were done writing it, and it was very emotional and of course it was like nobody knows that this is even happening, but we’re like oh my god this is the end of the show. Because it’s also our fourth and final season, I forgot to add.

And so the lockdown happens. And then the scripts are just sort of in a vault somewhere for a while. And then, you know, all of the protests around George Floyd begin to happen. And when the video of George Floyd went out, you know, as a Black person you don’t know if this is going to start a movement because frankly videos like this have become just part of the everyday fabric of life. And especially as a Black person it’s like every other week there’s something like this that happens. And when it starts to become a movement, you know, that was really mind-boggling and inspiring.

But then you realize that all of the same complications and all of the ways in which racism persists even among really well-intentioned people, well-intentioned white liberal people especially, all that stuff is still there. It actually felt like we had written a season especially crafted for this moment, but we of course had no idea that that’s what we were doing. The sort of method of attacking each season always involves deep, deep research. And a constant trying to tune in to what is in the Zeitgeist. Like what is just below the pop culture that’s happening.

And we end up making these wild predictions. And I can’t say much without spoiling it, but we end making these predictions that tend to come true. And you’re going to see the season and think that we wrote it in response to what’s happening, but we didn’t.

**Craig:** I have had my own weird dance with that very thing. And it turns out if you just look at the world and talk about it honestly that things that happen after are going to see like you predict them. You’re not predicting anything. You’re just accurately reporting what other people may not have been looking at.

**Justin:** I think that’s absolutely right. I think that’s absolutely right.

**John:** Cool. We have one listener question that I felt was especially relevant for this. Craig, would you mind reading us what Ryan in Brooklyn wrote?

**Craig:** Yeah. Ryan in Brooklyn, where I was born, writes, “My writing partner and I spent the first half of 2020 researching and writing a script based on a very well-known character from 18th Century American history. He is by no means the most heinous of culprits as far as racism, sexism, colonialism and the like go. But, he owned slaves and benefited from systems of white supremacy none the less.

“As our current culture reevaluates how we see these figures who in our case have for the most part been known as heroes and pioneers, we have taken a pause to ask ourselves for reasons both moral and creative if the project is worth even continuing with. How does one strike a balance between giving history its due but also taking into consideration modern sentiments?

“For instance the only people of color in the script are either servants or slaves who would have been paid very little mind within the limited scope of our narrative. But I feel like leaving them out altogether is white-washing. Artificially propping them is white-savior-ing. And leaving them as they are is lazy.”

Well, that is I suspect a dilemma that a lot of people are wrestling with right now.

**John:** Absolutely. And Justin it feels like the kind of dilemma that your characters on your show might be arguing. So talk us through what you’re thinking as you hear Ryan’s question.

**Justin:** Well, one, I applaud Ryan for having the dilemma, because there are examples of many people in this particular situation who don’t see a dilemma at all and just sort of well we’re just going to not talk about the slave people. Or that’s a very easy decision. Or we’re going to hang a hat on it. So kudos to you for recognizing the difficulty of the moment. I think for me and this is not really going to sound like advice, but for me it’s not just about how I’m telling a story or why I’m telling a story, but timing is a very important factor in storytelling in my opinion.

There are certain – there’s a time for certain stories. Because we’re trying to speak to a certain moment. There’s a reason why out of all the things people could be thinking about or talking about or experiencing we want them to experience this little slice of life right now. And for me – for instance I got a script the other day, it’s a wonderful script. Wonderful story. But it’s about a white boy sort of among a bunch of Black and Brown people where he is the outcast. And we’re sort of getting something of the experience of prejudice from his point of view. And I was like this is a good story, but I can’t tell this right now because this isn’t – this is a point of view that everyone is already pretty saturated in. And actually the story about the Black and Brown people who sort of just kind of accompany his world, those are the stories that have been left out. So actually I would like to tell those stories right now.

So, it doesn’t mean like abandon your story, but I would say, you know, I think you’re right to maybe give it a think and give it a pause. And if the Black people, the sort of subjugated people in that story are not the focus of it, you know, maybe they could be. Maybe we don’t really need a historical heroic example of a white person from a backwards time right now. Or maybe there’s something else to say about that person that is pertinent to the moment.

I think stories do exist in the times that they’re born out of and they should speak to those times. At least that’s how I feel as an artist. And everyone can do and make what they want. I may not go see it. [laughs]

**Craig:** I love that answer. I think that’s great.

**John:** Our friend Aline tipped me off to a podcast that charts all the presidents in order going up through modern day. And just because I know so little about the presidents, and my daughter is starting AP US History. And so I’m listening to the first episode and they talk about young George Washington who I only have the one image of George Washington which is sort of what’s on the dollar bill. But if you actually go back and look at he was pretty hot when he was a teenager. He had a reputation. He would have been a social media star essentially. He was known around the community and he was sort of heroic and dashing and sort of a wild adventurer. And there’s a story to be told about young George Washington, and yet I have exactly Ryan’s qualms about it because I don’t know that I need to see a young George Washington story and try to fit it into a context that is at all meaningful in 2020. It doesn’t feel like, what you said, it doesn’t feel like the time to tell a young George Washington story.

**Justin:** Especially because don’t we all have – I mean, you can’t live your life as an American without being confronted with George Washington’s story.

**Craig:** Thank you. We know it.

**Justin:** The one story that I just learned about is that it wasn’t wooden teeth, it was slave teeth. Did you guys know that? That he had slave teeth towards the end of his life.

**Craig:** Ew.

**Justin:** And it became wooden teeth over the course of the centuries of that story spreading, but it was actually the teeth of his slaves. It’s things like that that to me would be much more interesting to see a perspective or a movie about.

A movie I fucking love and I talk about this all the time that did not – I feel like this is another topic – but I feel like film criticism failed this movie. And it is Lemon by Janicza Bravo. And what I think is so brilliant about that movie is that essentially she’s telling a tried and true story that we accept all over the place about an actual sociopathic white man but nobody can see it because he’s a white man. And so the movie is very uncomfortable. And if you don’t quite know what she’s doing maybe you feel a little left out.

But what she’s doing is she’s telling the story that we always go to the movies to see, especially in independent cinema. It’s the thing that we always fall for, but she’s doing it without the white male gaze. She’s doing it from a Black female gaze. And that makes people very uncomfortable. But I was like that is so brilliant. That’s the movie about George Washington I could see right now.

**Craig:** It does seem, Ryan, like one of the things you’re hearing here is not only, OK, well done you’re considering this and timing matters, but also there have been a lot of books and movies and television shows that have examined very well-known characters from 18th Century American history. Do you know why they’re very well-known? Because they’re very well-known.

So if they’re very well-known, I don’t know, do we need another one?

**John:** Well, but Craig it is an opportunity to look at one of these people and fill out the context. So I guess the question is is it worth spending the time to take a look at one of these characters and paint out the context when you know that painting out that context is going to be really not just challenging but may not be the right time to be doing that.

**Craig:** Well, yeah. It just feels like – also, I feel we’re about to get – you know, I am always on the lookout for the trend. Because the trend is what, so people are behind things always. That’s what they want, the people that are paying for things. And the trend is going to be, well, let’s keep telling stories about famous white people but now let’s also focus on the Black people around them. Or, or, crazy idea, tell stories about not those white people. Because we’ve already had those stories. I actually don’t need another story about Thomas Jefferson as it relates to Sally Hemings or his slave-owning or the south. Because I’ve gotten my fill of Thomas Jefferson in Paris. I had 1776. I have John Adams. There’s a lot of Thomas – there’s Hamilton which we’ll be talking about. There’s a lot of Jefferson. Jefferson, Jefferson, Jefferson. I’m good. Let’s move on. Let’s find other people to talk about.

That’s my general feeling.

**Justin:** But I will bring this up, too. The dilemma that’s being described to me feels like – I always feel that way as a writer. And it’s not about racism. Like I always get to a point in the story where I’m like, oh, I don’t know if this works anymore. I don’t know if this fits. And so it might be a necessary machination of the process. Maybe this movie, you know, this is going to say woo-woo, but I do feel like stories kind of have their own souls sometimes. And they tell you when they’re not ready. They tell you when they need something else. They tell you when they’re not working.

And this might be your journey to making a more interesting project. You know, this pause that you’re being given by this moment might actually be an opportunity to explore a different area of this very same person or this very same moment in time or, you know, or something deeper, more challenging, more interesting perhaps.

**John:** Agreed.

**Craig:** I agree.

**John:** All right. It is time for our One Cool Things. Craig, kick us off.

**Craig:** Well, I didn’t have one myself so I turned to my intrepid assistant Bo. And I said, Bo, do you have a One Cool Thing? And that is why I’m going to talk about long hair, which I don’t have.

**John:** Nor do I.

**Craig:** I don’t really hair. I mean, I have a little bit. So, Bo does have very long, straight hair. And apparently when you have long straight hair, so I’ve been told, it does get very dry at the ends. And, you know, you hear about split ends.

**John:** Yeah. I kind of know that as a theory, but I don’t really know what it is.

**Craig:** Yeah. So I guess the ends of your hair just start to split because they’re dry. So she is recommending something called Olaplex. And we’ll put a link in the show notes. If you have long hair that is getting dry at the end do what Bo does. Check out Olaplex. I cannot vouch for it myself because I don’t really have much hair.

**John:** The amount of money I save on hair care products is staggering.

**Craig:** I use like this much shampoo. Boink.

**John:** No shampoo for me. My One Cool Thing is a website I’ve gone to for years, and years, and years. I don’t think I’ve ever spoken about it on the show. It’s called Electoral Vote. If you go to this website, it’s electoral-vote.com, it looks like it’s from 1995. It’s like a really basic website. But every day they just update it and it’s these two smart guys who sort of summarize the political news and sort of what’s happening in the world for you.

And if you just read this every morning you feel like, oh, I kind of get what’s happening.

**Craig:** This is an encouraging map I’m looking at.

**John:** Yeah. So it was originally set up about sort of literally the Electoral College and that. But it’s morphed over the years into just a general political discussion of what’s going on in the world. Good summaries. Really good Q&As over the weekends. So, I’d recommend you take a look at this.

What I had to do during the 2016 election was really deliberately limit myself to how much news I would take in, because my anxiety just went off the charts. And so this would be the kind of thing which I would allow myself to look at in the mornings and then look at nothing else for the rest of the day.

So, if you were to go on that kind of diet this might be the thing you would leave in so you can get some information.

**Justin:** What is it again?

**John:** Electoral-vote.com.

**Justin:** Oh, OK, Cool. I missed the dash. Cool.

**Craig:** John, your description is perfect. This website does look like it was made back in the Angel Cities area.

**Justin:** Absolutely. Yeah.

**Craig:** But it’s a nice map to look at. I mean, I’m kind of grooving on the map. Because I don’t – I’m one of those people when everyone is like, well, we’ve put out a new poll. Biden leads Trump by this many points in the general election, I’m like, oh, you mean the national poll that I don’t care about at all?

**Justin:** Mm-hmm.

**Craig:** Give me the states. Give me the states.

**Justin:** This is giving me so much agita.

**Craig:** It’s coming.

**Justin:** Louisiana, why? OK, go. Sorry.

**Craig:** I think you know why.

**John:** Know yourself. Know yourself. And if this is not the right thing you’ll know it and you’ll clip it away and you won’t put it in your bookmarks.

**Craig:** I like this.

**John:** Hey, Justin, do you have a One Cool Thing for us?

**Justin:** You know, this one made me feel so old. Have you guys heard of Animal Crossing? But I’m just going to say the thing that I think is fucking cool. I am so enjoying I May Destroy You. I know this is not a hot take. But Michaela Coel’s show on HBO or the BBC depending on where you are is just a cool – if you’re a writing nerd, you’re seeing the things that they’re doing on that show and the things that they’re getting away with in a TV show is so inspiring and liberating.

So, I don’t know if that’s cool enough or edgy enough.

**John:** Oh, it’s absolutely cool enough. We’ve been trying to get Michaela Coel on the show and Megana has been working really hard on it. So, people in Michaela Coel’s universe, if you are hearing this now we really are trying to get you on the show. So, we would love to have her.

**Justin:** I also just want to meet you and worship at your feet. So, if you can just reach out to Justin Simien. That would be great. If you just need some worship.

**Craig:** I feel like, yeah, she’s the new Phoebe, right? I mean, I’m not taking anything away from Phoebe. Phoebe remains Phoebe. But there’s this meteor that has arrived and everyone is like, oh my god, how do I get to talk to Michaela.

**John:** But you know what? We got to speak to Phoebe.

**Craig:** That’s right.

**John:** So hopefully we’ll be able to get to speak to Michaela as well.

**Craig:** And just to reiterate, Phoebe, still a meteor. Still a Phoebe-like meteor.

**Justin:** Well I want the Zoom code or the Skype code. I just want to listen in. Because, you know, I think she’s incredible.

**Craig:** Honestly, after your discussion of higher education, Justin, I’m considering having you be a permanent third host on this show.

**Justin:** [laughs] I’m down. I’m down.

**Craig:** When you meet a kindred spirit you’re like don’t leave me. Stay.

**Justin:** I love nerding out about this stuff.

**Craig:** So great.

**Justin:** It’s my pleasure.

**Craig:** Well, you know what, we’ll nerd out about Hamilton in our bonus segment.

**Justin:** All right.

**John:** Absolutely. So until then Scriptnotes is produced by Megana Rao. It is edited by Matthew Chilelli who also did our outro. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For short questions on Twitter, Craig is @clmazin. I’m @johnaugust. Justin, what are you on Twitter?

**Justin:** Oh god, I’m barely on Twitter. But @jsim07. I may not @ you back just because it’s not on my phone right now.

**John:** Which is so smart. We have t-shirts. They’re great. You can get them at Cotton Bureau. There’s a link in the show notes.

You can find those show notes for this episode and all episodes at johnaugust.com or on the podcast that you are playing this from. You can sign up to become a Premium member at Scriptnotes.net where you get all the back episodes and bonus segments like the one we’re just about to record on Hamilton.

Justin, thank you so much for joining us on the show today.

**Craig:** Thanks Justin.

**Justin:** My pleasure. Thanks guys.

**Craig:** That was great.

[Bonus segment]

**John:** Craig, you are a big Hamilton fan. Did you see Hamilton on Disney+?

**Craig:** Yeah, of course I saw it on Disney+. Are you crazy?

**John:** Justin Simien, did you see it on Disney+?

**Justin:** I did.

**John:** And had you also seen it in the theater?

**Justin:** I had.

**Craig:** And I have twice.

**John:** I have twice. And I’ve seen it with this original cast in the theater.

**Justin:** Oh wow.

**Craig:** Yup. I saw it with the original cast and then I saw it out here at The Pantages with another spectacular cast with I think – Renee Elise Goldsberry was the one kind of carryover, but everybody else was knew I think.

**Justin:** You guys are hardcore fans.

**John:** We’re pretty hardcore fans. I loved the staged production. I will say I loved the film production as well. But I need to provide some context. I was staying at an Airbnb when this debuted and so we hooked up our AppleTV, watched it, and it was only after I watched it that I realized that motion smoothing had been turned on.

**Craig:** Oh no.

**John:** And you know what? It was good.

**Craig:** No. No.

**John:** My theory is, and I can’t of course reengineer it to know, but I think the weirdness of live theater and motion smoothing which makes things look too present, kind of worked for it.

**Justin:** I could see that.

**Craig:** Outraged.

**John:** It was weird. So I think it made the one case, other than professional sports, in which motion smoothing is not an absolute horrible–

**Craig:** I hate it on sports. I hate it.

**John:** But let us not talk about the motion smoothing. Let us talk about Hamilton on Disney+ and our reactions to it. Justin as the guest you get to start. What was your reaction to it on Disney+?

**Justin:** Oh god. This is very putting me on the spot.

**Craig:** Here we go.

**Justin:** I’m not, OK, I am probably not the biggest Hamilton fan in the world. I wasn’t before I saw it on Disney+ and I’m still not. But, I thought, you know, one, seeing theater on TV in this form is something that like deserved this quality of production for a really long time. Like when I went to performing arts high school like – every theater geek knows about that one tape of Into the Woods with Bernadette Peters in it, or Pippin with Ben Vereen.

**Craig:** Yup.

**Justin:** And I love that stuff. So to see it normalized on TV is great without the gimmick of like doing it live in front of an audience that I think some Broadway shows are being adapted for TV in that way. So to see it just like in its native Broadway environment, well-filmed, with beautiful lighting, clear audio, I think was kind of a revelation for me that like, god, I wish I could see more shows like this.

**John:** Craig, what was your take?

**Craig:** The same. Look, I do love the show. And I appreciate the – it’s five years old now. And because we’re older five years seems like the blink of an eye to us. My daughter who is a huge Hamilton fan, she’s grown up, like she’s changed dramatically from a 10-year-old to a 15-year-old as Hamilton has aged one-third of her life with her.

So, it is interesting to see how the world changes and we do start to look back and reexamine. I still think that Hamilton is an incredibly important show. I think it has opened a ton of doors. I think it has changed Broadway permanently. I think Lin-Manuel Miranda is a genius.

I think that if you now want to look at the show and start asking questions about – he does sort of wave his hand kind of these aren’t the droids you’re looking for in that kind of manner over slavery. He’s very smart about how he – there’s a line right up front, “While slaves were being carted away across the waves.” He is smart to mention it. And it comes in various points. Does the show address slavery the way I think he would if he were doing it right now? No. Is that kind of the curse and blessing of art? Yes.

The art stays the same. The world changes. We do go back and look at it, but it is so good that it is – you can still dig into it and chew on it. From a musical point of view and from a storytelling point of view it is mind-blowingly good to me. And I really appreciated the fact that I could just see the show.

There are a ton of shows where they just don’t do it. I think they don’t do it because they’re scared that you won’t show up to see the show maybe. Hamilton obviously does not have that concern. They have sold out every performance they’ve ever had. But I would love to see other shows done this way because it is wonderful to watch. And it is a very different experience than a film adaption, like say Chicago, or the live versions which are live versions and not the show.

I thought Tommy Kail did a really great job of somehow being there and inside of things, but not in a way that made me feel like I wasn’t watching the show. More than anything what I really appreciated was the one thing that I couldn’t get in a theater and that was the faces. To see faces like that. Leslie Odom, Jr. in particular, who is just like, yeah. So that’s the MVP of the show, right? All respect to Lin who is, again, a genius, and who created the whole thing, wrote every one of those insane words, and managed to wrestle the whole thing. For a performance point of view, Daveed Diggs is a scene-stealer. But Leslie Odom is a show-maker.

And being able to see his face and the way he moves his mouth is very specific was fascinating to me. I got more of his inner turmoil and the terror of a man that’s constantly pretending all came out in the close, which I loved.

So I thought it was wonderful and I will absolutely watch it again. I remain a huge Hamilton fan. A huge Lin-Manuel Miranda fan. And just as much – more of a Leslie Odom fan. More of a Daveed Diggs fan. All of them. Christopher Jackson. All of them. Just remarkable.

**John:** So, I had a Broadway show, Big Fish, that you do a filming of it. So, pretty much every show that’s on Broadway there is at least one performance that is sort of properly filmed. There are multiple cameras in the audience filming it. But it wasn’t anywhere near this level of sophistication where – and it’s not edited in a meaningful way. So there’s not that kind of sophisticated approach to when we’re going to be in a close-up, when we’re going to be over here, when we’re going to be actually on stage and following a character as they’re making their exit. We have none of that.

And so there’s not a filmed version of the show I can look at and say, oh, here is the show. This is the thing that I made. And some of that is what theater is supposed to be. You have to actually be there to see it live and in person. And Craig you were asking sort of why more of them aren’t done it’s because – large part of it – is because the union contracts that govern how the performances are made basically bar the filming or make it impossible to have that be out there any other place.

And you’re always worried about cannibalizing future sales of the show by people just watching the video of it, which makes sense.

**Craig:** I get that.

**John:** But watching Hamilton, I think the thing that was most surprising to me is when it was done I did not have any desire for a typical adaptation of Hamilton. I didn’t want to see the movie version of Hamilton.

**Craig:** Agreed.

**Justin:** I agree with that so much because I think that Hamilton works in a very theatrical way. And I actually – this is going to sound like shade but it’s not – it is sort of, you see it with the adaptation of Cats into a film, is that some things they aren’t – it’s not a direct translation. I think a fantastic movie could be made of Hamilton. Don’t get me wrong. But you can’t just film it in real life and have it just be what it is. It just wouldn’t work. Like it works because it’s a concert experience almost. You are overwhelmed by these amazing performances and you feel like you’re there and there’s an audience participating. And you need all of that, I think, for Hamilton as it is conceived right now to work.

I felt the same way about The Lion King actually. And that I really enjoyed because I think too few people really appreciate the power of theater and musical theater in particular to be both musical and whimsical but also profound. And Hamilton is both dramatic, profound, and a musical. And that’s something that like only a few people understand because only a few people will have access. For that I think it’s very meaningful to have it out.

And I could not agree more. This to me is the version of Hamilton to see.

**Craig:** Yeah, I mean, there are certain shows that are easier to adapt than others. I mean, I’m in the middle of adapting one right now and I consider it to be one of the easier ones in the sense that the show is trying to be cinematic and so you can now be totally cinematic as you do the film adaptation.

Whereas Hamilton is not trying to be cinematic. Hamilton is interpretive and it is stylized. For instance, it does remind me of Pippin in a little way.

**Justin:** Absolutely.

**John:** Oh yeah.

**Craig:** So when Pippin sings about war they’re dancing. It’s Fosse. It’s not war. And here when they’re fighting the Battle of Yorktown it’s dancing. And take the bullets out your gun, take the bullets out your gun. How the hell would you shoot that with real soldiers and bullets? It just would be ridiculous.

**Justin:** They would try. [laughs]

**John:** They would.

**Justin:** Which to me is so depressing.

**Craig:** They would, yeah.

**Justin:** In Broadway stuff in particular that gets translated to movies I’m just always – not always – but I’m mostly very disappointed because no one has taken the time to figure out how to adapt the theatricality of the show to cinema. They just sort of film it. And that’s not the same as adapting it. And some of these shows, and Hamilton is one of them, like I don’t think anyone should have a first blush idea as to how to do that. It should be recognized as an incredibly difficult problem to figure out how to adapt something like Hamilton to the screen.

**Craig:** Lin, I think, could. I suppose if there’s anyone who could do it Lin could. I still remain very impressed by the adaptation of Chicago. I think that was—

**Justin:** Oh, I think it’s great.

**Craig:** Incredibly successful. In part because Rob Marshall understood that he was making both a movie and also shooting the show. So he kind of runs in two lines. There’s reality, which feels cinematic, and feels real, and in the world with cars and outside. Because theater is inside. Movies are outside. But then also there are these moments where, you know, He Had it Coming is – it’s not the official name of the song, but–

**John:** Staged.

**Craig:** It’s staged. It’s a dream. Even when Latifah is doing When You’re Good to Mama there’s two versions. There’s the real one where she’s just in her regular – and it’s a regular prison – and then there’s the one where she’s in a burlesque on stage. So, he manages to do the theater and the real at the same time, which is brilliant.

I think Chicago is an excellent sort of map.

**Justin:** I love Chicago. And I love that Chicago consolidates really for popular culture some things that Fosse was doing in his films that I don’t think quite made it to the mainstream yet. Like if you look at Cabaret you’re starting to understand – Cabaret to me really is one of the first American musicals that begins to sort of have a dialogue between the real world and sort of like stage reality. And then with All that Jazz when the character starts hallucinating on his deathbed and he starts seeing in his mind what it would be like if this were made as a musical number you’re starting to see the language for that form. But it really isn’t until Chicago that it’s sort of like put into a kind of thesis that I felt like my mom could understand, or a general movie-going public could understand. And I don’t know, I do not include Chicago in the list of Broadway adaptations that I’m disappointed at. I quite like Chicago.

**Craig:** And interesting that you point out Cabaret because now we’re talking – there’s something about Kander and Ebb, I’m just going to say. Those guys are – when I think of the shows that they’ve done and written they do seem somehow slightly more adaptable. I don’t know how. There’s just something about them where I can see it working. I think part of it also is just the nature of the songs. They feel like I want to watch them being sung on screen. Or do I need them to be in a theater or else they’re boring? You know?

Like Sondheim to me, you got to be there. I don’t know. I just believe that. You got to be there. It just doesn’t work the same way if you’re not there. That’s my feeling.

**Justin:** Well I’m going to say it. I would have made a great Into the Woods. [laughs]

**Craig:** I love it.

**Justin:** And by the way I think it is possible to make a great Hamilton film. It’s just a lot harder than I feel like–

**Craig:** People might think.

**Justin:** People might realize, yeah.

**John:** So let’s also acknowledge that the Hamilton that we saw on Disney+ was not the version – well, it was a version – but we weren’t supposed to see it on Disney+. We were supposed to see it on the big screen. This was going to be a theatrical release. And I think it would have been a giant theatrical release. I think it would have been a big event.

**Craig:** Yes.

**John:** And that would have been a very different experience to see it on a big screen with a big audience to be able to cheer together. I can imagine people singing along in a theater.

**Craig:** That’s the part I hate. [laughs] I’m so angry at that part, in my head.

**John:** Maybe some screenings they would allow singing, some screenings they wouldn’t.

**Justin:** Eliza!

**Craig:** Shut up!

**John:** I remember seeing Evita at a singalong Evita and it was great that everyone could sing along to the songs. But, it’s important to remember that Broadway Theater is incredibly expensive so very few people get to see it. And so people have much better experience, or their experience of Hamilton is probably largely through the cast album rather than seeing the show because so few people could afford to see the show.

**Craig:** No question.

**John:** Movie tickets are much, much cheaper, so it’s how most people would have seen it. But now that it’s debuting on Disney+, which is an inexpensive subscription service, just the amount of people who saw Hamilton in one night when it debuted on Disney+ has got to exceed probably everyone who saw it, at least the original cast, in the theater.

**Craig:** Of course. Of course.

**John:** And so it’s important to remember sort of how transformative a cultural thing can be when everyone can see it is the thing, when it’s taken away.

**Craig:** This would have been – I mean, years ago if they had had to do this it would have been on ABC and they would have had commercial breaks. A lot of them. That’s how we watched stuff when we were kids, right? Commercial breaks. Oh my god, can you imagine? Oh my god.

**John:** Yeah. I may be working on one of those things with commercial breaks.

**Craig:** “Forgiveness.” And then, “We’ll be back after these messages.” Ah, yeah, commercial breaks.

**John:** All right. Thank you gentlemen very much for talking about Hamilton with me.

**Craig:** A joy.

**Justin:** My pleasure.

**Craig:** A joy. One more reason that I want to spend all my time with Justin.

**John:** Thanks.

 

Links:

* [WGA AMPTP](https://variety.com/2020/biz/news/wga-amptp-negotiations-deal-contract-1234695529/)
* [Dear White People](https://www.netflix.com/title/80095698)
* [Lemon Movie](https://www.imdb.com/title/tt5973364/)
* [Olaplex](https://olaplex.com/)
* [Electoral Vote](https://www.electoral-vote.com/)
* [I May Destroy You](https://www.hbo.com/i-may-destroy-you)
* [Hamilton on Disney+](https://disneyplusoriginals.disney.com/movie/hamilton)
* [Get a Scriptnotes T-shirt!](https://cottonbureau.com/people/scriptnotes-podcast)
* [Justin Simien](https://twitter.com/jsim07?lang=en) on Twitter
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Matthew Chilelli ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/460standard.mp3).

Scriptnotes, Ep 451: There Are No Slow Claps, Transcript

May 19, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/there-are-no-slow-claps).

**John August:** Hello and welcome. My name is John August.

**Craig Mazin:** My name is Craig Mazin.

**John:** And this is Episode 451 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the show Craig will offer some guidance on how to flip the script on tropes without landing on your face. We’ll also answer listener questions about phone numbers, slug lines, and short films. And in our bonus segment for Premium members we will discuss personal videogame histories and the possibility that I was raised in a cult.

**Craig:** Oh my god.

**John:** Craig has no idea what the Premium topic is until I read it aloud, so he’s excited.

**Craig:** I mean, both of those sound amazing.

**John:** Amazing. What else is amazing is if you are listening to this episode when it comes out on Tuesday then you are only two days away from our next live show.

**Craig:** Oh yeah.

**John:** Thursday, May 14, we will be having a live conversation with Empire Strikes Back writer Lawrence Kasdan to celebrate the 40th anniversary of that film.

**Craig:** Wow. 40 years. 40 years and I don’t know, can we do spoilers? 40 years of Darth Vader is Luke’s dad. We not only will only be talking to Lawrence Kasdan but I believe we will be able to share either visually or through some sort of method of relaying his handwritten screenplay. And I’ve been looking through it and it’s kind of amazing because sometimes there will be things he’s written and you’re like that wasn’t in Empire Strikes Back. And then sometimes it says, “Yoda, you will be, you will be,” and you’re like oh my god. It’s written down on paper. So, it’s pretty awesome. I mean, it’s kind of a cultural document.

I’m excited. And always fun to talk to Mr. Kasdan. He is a good friend of the show and the greatest living screenwriter.

**John:** Yeah. We like all of these things about him. So, we will be doing this on video, but we’ll also have audio for it. So, you can anticipate this being a future episode, but if you want to join us live at the time you can join us on Zoom. There will be a link in the show notes and more information as we have it for how you can participate in it. We probably won’t be inviting guests to actually come on and ask questions. But Megana will be monitoring the feed and if there’s questions that come up we will try to get those answered while he is there with us.

**Craig:** OK. That’s a good plan.

**John:** Yeah. We’ll see. We’re winging it. So again this is done with the Writers Guild Foundation who we often do live shows for. So it’s exciting that even in this time we can continue to support their great mission.

**Craig:** You know, you and I, I think, are charitable people.

**John:** We try to be. We do.

**Craig:** We’re charitable. We like the charities. Now more than ever.

**John:** Let’s get to some follow up. Now, a few shows back I asked previous Three Page Challengers to write in with updates and so we have a first update from a previous Three Page Challenge entrant. Do you want to talk us through what Patrick wrote?

**Craig:** Sure. Patrick McGinley writes, “I sent in the first three pages of my science fiction script, Destination Earth, back in 2014. And you were kind enough to discuss them on Episode 159. I was never under the illusion that someone was going to make an expensive sci-fi spec without an underlying IP so I spent the last five years turning it into a feature length audio drama.”

That’s fascinating.

“It launched in March. All ten episodes are out now and you can listen to them at destinationearthaudio.com. In a recent episode you talked about how difficult it is to get a spec sci-fi or fantasy script made. I think audio dramas are a viable path. You can produce them for almost nothing and you can get your story out in a way that can be enjoyed as entertainment and not just read as a document. Thanks to your great advice over the years I made the jump to fulltime writer in 2018. I’m writing on a show that’s currently streaming on Amazon Prime.”

That sounds like it should be a planet, by the way, in a science fiction thing.

“I always draw inspiration from your podcast and it makes it easier to sit down in front of the blank page every day and do the work.”

Well that’s great, Patrick.

**John:** Yeah. I’m happy for Patrick. So that’s one success story. People continue to write in with your experiences after this Three Page Challenge. Even if it’s not great news. I’m curious what’s happened to people.

**Craig:** Yeah.

**John:** Now on this idea of the audio drama, I’m struck by a previous One Cool Thing of mine was the show Bubble which was a fiction podcast by Jordan Morris which I really enjoyed. And just last week it was announced that they are developing that as a series now. I think it’s over at Sony. So that seems like a viable way to do it.

**Craig:** Yeah. I know that basically every podcast that is vaguely adaptable into something is being sold. Remember when there was the graphic novel gold rush?

**John:** Oh yeah.

**Craig:** It’s podcast gold rush now. I mean, that’s what’s going on. So I get pitched a lot of podcasts. But what I like about what Patrick did was he just got super creative and flexible. Flexibility is not necessarily something that comes easily or like second naturally to writers. Sometimes we can be a bit rigid. We get fixated on our creative expression as a way of being artistic and it can’t not be that. And what I like is that Patrick was like well what if I do get flexible and turn away from film to this other entirely different format and thus bring it to life. And it’s a really smart thing to do. I think that’s really clever. And I wonder if this is going to be something that’s more popular. That instead of trying to bomb people with your spec scripts via cold queries and so forth you just start reading them out loud.

**John:** Yeah. I will say that just reading them out loud is unlikely to really engage people. Like if you look at the audio dramas that work, if you look at things like Homecoming which obviously became a big series, they were really good as audio things. And the people who created them had very smart instincts about how it could work in an audio format. So it’s not going to simply be I’m going to sit at the microphone and read this thing aloud. You’re going to have to shape it to fit the medium. But that is work that a writer can do.

**Craig:** Yeah. I mean, definitely if you just read it that would be bad. That would be sort of “oh I need to sleep, put on that boring man reading a screenplay.” But hiring some folks or just bringing some folks together who feel like just doing, you know, having some fun and reading something and adding some sound effects. I mean, production for something like a little audio drama is easier now to do in a professional manner than ever before in the history of mankind. And that’s not the case necessarily with making films and television, although they are somewhat easier.

But, yeah, go for it. It’s fun.

**John:** Now, on the topic of reading scripts aloud, last week we spoke about table reads. And Craig you had a strong opinion that you thought table reads for production in features was generally not a helpful process for you.

**Craig:** Yeah.

**John:** Aline Brosh McKenna, our friend and the Joan Rivers of Scriptnotes, she writes in, “I was really interested to hear your conversation about table reads. I had a couple perspectives. I agree they can sometimes be detrimental in movies. Also sometimes on pilots where cast members don’t know each other and there are tons of execs. But for a TV comedy and series they can be super important. And on Crazy Ex-Girlfriend they were incredibly helpful. Not only to find where the laughs are, or aren’t, although that is useful, but to check the sturdiness of stories when you hear them out loud. We really relied on them.

“Also when I started writing I did multiple readings of all my scripts in my apartment with friends and that was probably the most useful thing I did and it’s something I always tell first time writers to try.”

**Craig:** Yeah. There’s a great distinction being made here. If you are working on a show, a repeating ongoing show with a stable cast, and definitely this is the case with comedy because of the aforementioned joke issue, but you can actually get a much more reliable sense of how the script is going to be when you shoot it from that reading. That’s a helpful reading because everybody knows their character. They have the benefit of god knows how many episodes behind them.

When you’re dealing with features, they haven’t done it before, and they don’t want to do it for the first time in front of you. They want to do it, you know, for the first time when it’s safe and they have takes and there aren’t executives around. Great distinction there. I can’t imagine any sitcom, whether it’s something that’s kind of quasi-experimental like Crazy Ex-Girlfriend or not, not having read-throughs. You just need them for those. And also for your features if you want to have friends then that’s for you. And no one is judging you. There’s no professional fallout if it’s a bad read. So it totally makes sense. But yeah.

**John:** Yeah. Your distinction about safety I think is really crucial. It’s not a safe environment in features generally and people do get cut and no one feels secure in doing it. Which if you’re coming back and this is episode seven of this series and you are a regular on it, you feel like you can be free and experiment in a table read and other people wouldn’t be able to do that.

**Craig:** Precisely. It looks like we’ve got another comment here that sort of jibes with that if you want me to take that one.

**John:** Do it.

**Craig:** Anonymous writes, “In Episode 450 Craig commented that table reads are useless. Most actors couldn’t agree more. In television they’re often used as an escape hatch to fire an actor prior to shooting a pilot. An actor friend of mine went through three screen tests for one show. Yes, three definitely screen tests before being hired. The executive producer of the show, whose name I won’t use, even called my friend personally after hiring them to say how excited he was to work with them. The director echoed the sentiment and even execs at the network approached my friend prior to the table read and said they were excited to have him on, or her, on board. It’s this person.

“Then came the table read when apparently one exec who’d likely never even had read the script decided they ‘wanted to go in a different direction with the character.’ This happens all the time to actors. It’s almost a badge of honor to make it through a table read with a job when you’re a working actor but not a name actor. So the studio pays a handsome sum to the actor under contract to walk away, but they at least didn’t drop $4 million on shooting the pilot.”

**John:** Yeah. So what he’s describing here is it is expensive to fire an actor after the table read, but it’s much, much, much more expensive to have to reshoot a pilot because you don’t like that actor in that role. And so execs are sometimes taking this as an opportunity to go like, “I’m not sure this is really the right person,” and get rid of them.

**Craig:** And if I were a network executive, like a broadcast network, I would want to go ahead and commission a scientific study to find out how often we have done a good job making that decision. Because I suspect that perhaps a Pop-O-Matic would be just as useful. Do remember Pop-O-Matic?

**John:** I don’t. But as we get into the bonus segment you’ll understand why I don’t know what a Pop-O-Matic is.

**Craig:** Oh right. Because you were possibly in a cult. So there was a board game called Trouble when we were kids.

**John:** Oh I do remember Trouble. We had Trouble back in the cult.

**Craig:** And so the Pop-O-Matic was that little plastic dome with the die inside of it and you would push it down and it would go click-click and then the die would go boing because it was in this little flexible diaphragm thing. So, Pop-O-Matic is a great way to revolutionize dice rolling which as we all know was just excruciatingly difficult without it.

**John:** It is. The worst. I think it’s because you can’t lose the die because it’s inside the little bubble. That’s why it is. Because Trouble is exactly the same game as Sorry really, but it’s just the Pop-O-Matic makes it so you cannot lose the actual thing that tells you how far to move your little pegs.

**Craig:** That is a very practical explanation of why they put Pop-O-Matic in the world. I think the not practical and more commercial reason is they were like look at this gimmick. Look!

**John:** Makes a noise. Kids like making noise.

**Craig:** Sugar-fed lunatics watching this commercial at six in the morning on a Saturday will go bother their parents immediately.

**John:** Good stuff. Last week we also talked about virtual writer’s rooms which is where you are gathering together a group of writers and they’re meeting on Zoom or some other sort of video sharing service rather than being in a room physically together. And I wanted to make a decision between entirely virtual rooms, which is what people are encountering right now, and semi virtual rooms.

So Annie writes, “I work in a virtual room now and for all the reasons you mentioned on the podcast that’s not so much an alternative to a traditional room as a necessary evil to get us through this weird situation. But two years ago I was an assistant in a room where one writer had to Skype in for a few weeks while his visa was being figured out. It was pretty terrible. He had such a hard time being completely involved in the conversation, even with his writing partner in the room trying to help facilitate his participation. When he finally did come to LA his personality and presence were so much more than we’d experienced through the computer screen.

“I can’t imagine having a room with multiple writers in this situation. Plus, they’d be missing out on all the bonding that happens in the kitchen around lamenting snack options and comparing caffeine consumption, all of which actually becomes very important to the room dynamic.”

So what Annie is trying to draw a distinction between is if everyone is in the same boat, OK, you’re in the same boat and you sort of muddle through. But this idea that, oh, maybe I don’t have to move to Los Angeles from Milwaukee and I can just Skype into the room is probably not a realistic option for those writers who don’t want to come to Los Angeles.

**Craig:** Oh yeah. I mean, if you’ve ever had the experience of being in like a minivan type of vehicle and you have a bunch of friends who are in the second and third row and you’re all the way up in the front, you’re left out. They can’t hear you. You’re talking forward. You’re not part of the thing. And you’re in the van with them. Separation does have an impact. It just does. There’s nothing you can do about it. And the more you try and include yourself the more kind of frustrating it is for everybody. So I completely agree. This is a great indication to people that, yeah, while everyone has to do it, sure. But if not everyone has to do it, you want to be in the room.

**John:** Yep. Do you want to take this comment from Greg?

**Craig:** Yeah. Greg writes, “I’m working in a room for a big streamer right now and there’s one topic that keeps coming up that I wanted to add to your list – video lag. One day my connection was spotty and the effects of lagging in the room felt almost like I was having a stroke. I couldn’t control my voice or image and others were looking at me as though I needed some sort of professional help. Then my connection dropped the chat and it felt like a digital bouncer had forcibly removed me from the room. For the next ten minutes I worked in sheer panic to get back in and when I finally did I sat there sweating, wide-eyed, trying to pretend I was as calm and good-humored as everyone else for the rest of the day.

“I thought I was alone in this until it happened to one of the head writers. Her image froze. Then she logged back in on her iPhone, appearing next to her own frozen face.” That’s awesome. “We all laughed at this even as she looked confused and afraid and as we tried to explain to her what we were looking at she froze again. When her second video resumed it was of her rushing down a hall with sheer panic in her eyes. It was the look of someone trying to find a life raft off a burning island.” Greg is very dramatic, by the way.

**John:** Yeah, I was going to say.

**Craig:** “The worst part was that if any of us attempted to call out her terror in any way other by cracking a light joke it would have been like saying the emperor has no clothes. We would have imperiled the room, the comfort of the other writers and our productivity because Zoom chats are founded on the fundamental lie that we’re actually together when in fact we are alone and one second away from digital annihilation.” Again, I have to repeat, Greg is a very dramatic person. [laughs]

**John:** Yeah. But I wanted to include Greg’s full description there because it is a thing I have experienced and feared is that like when you can’t get into a group, when a discussion is happening without you and you feel like you’re pushed to the outside of it it is really panic-inducing. And you always feel like, wait, will I be able to rejoin this thing? You might have flow that is now broken. Particularly if you’re trying to run the show and then you’re not able to actually get into the conversation. It is, you know, it’s scary.

**Craig:** Yeah, so I don’t know what’s wrong with me but when I’m on one of these things and suddenly my video glitches up and I get booted from the room I feel a slight sense of relief. [laughs] Like, oh good.

**John:** You have an excuse for why you’re not there.

**Craig:** Yeah. I feel like I can just go now and do whatever I want. And later just be like, yeah, Zoom right? Geesh.

**John:** I heard about this on Twitter but – not this last session but the session before – the six of us were playing Dungeons & Dragons and it’s like midnight and I felt an earthquake. I’m like, oh my god, there’s an earthquake. And the other five people on the chat were like, including you, were like, “There’s no earthquake.” And then the next nearest person felt the earthquake. And the next nearest person felt the earthquake. And it was such a wild moment because I was closer to the epicenter of the earthquake I felt it first and then there was a lag before it got to Phil and then to you. It was just such a wild experience that even though we were all there virtually we were physically in the same city and so therefore we were feeling the same effects.

**Craig:** Yes. And that’s something that you don’t normally have access to, right? It’s a weird thing. Because normally when you’re experiencing something together you’re together. And in that sense you could actually kind of chart the movement of the shockwave, which dissipated dramatically by the time it made it to me and to Chris Morgan.

**John:** It was a long way to get there. The other thing I’ve noticed with video lag that can be so frustrating is obviously the big networks have gotten much better at all the live from home stuff and they’re generally faking the live-ness of it all. They’re not really live from home.

**Craig:** Yeah.

**John:** But one thing I do watch which is more live is Drag Race has this Werq the World Tour where they’re raising money for drag queens. My daughter is obsessed with it. And so we watch it and it’s two very funny drag queens. One is in Los Angeles and one is in New York. And they have great patter, but just that one or two seconds lag really makes it awkward.

**Craig:** Oh yeah.

**John:** And you just cannot do it. It’s tough.

**Craig:** It’s brutal. Timing is everything. And when you have a forced lag it’s over. There is no – it’s why sometimes they’ll bring a comedian on to one of the news shows, like the kind of talking head news shows. And their stuff always dies because of the time delay. It just kills it. The expiration date on a joke is precisely 0.0001 seconds after it is said. I mean, if you wait any longer than that it’s just like stale air, stale air. “Oh, OK. Yeah. That was funny, the thing you said a little bit ago.” It’s the weirdest thing. Yeah. Timing.

**John:** Timing.

**Craig:** Timing.

**John:** All timing.

**Craig:** Timing.

**John:** All right. Let’s get to our marquee topic. Craig, talk us through what you want to tell us about tropes.

**Craig:** Well, you know, I’ve been working on some new things lately and especially now that I’m in television – television, there’s so much more material you have to shovel into the engine of creation because there are episodes. Everything in television is longer than it is in film. And so you’re thinking about a lot of scenes, a lot of moments, a lot of scenes, a lot of ideas. And over and over it’s inevitable that you’re going to start to bump into places where tropes could go.

**John:** We should probably talk about what do we even mean by tropes? Because it’s a term that you and I throw around, but other people might not know what we’re talking about.

**Craig:** Cliché is a word that people use. So these are the moments, dialogue lines, scene, sequences, things that we have seen over and over and over in movies and television. It’s the guy walking away slowly from the explosion that he caused behind him. It’s the person saying something mean about somebody and then saying, “She’s right behind me isn’t she?” It’s that stuff. It’s crawling through the air duct to get to a place.

**John:** Absolutely. So they’re moments of narrative that are almost like stock photos that we’re so used to seeing them that we can kind of anticipate what they’re going to be like. And you could just string them together in forms that look like popular entertainment, but as a viewer we recognize that they are clichéd moments or they are sort of stock moments. And cliché would be too hard of a thing to bang them on because they’re natural bits of storytelling device in some cases, but we’ve seen them so often that they no longer feel fresh.

**Craig:** Yeah.

**John:** Jane Espenson often refers to clams. They’re old dead jokes for example.

**Craig:** Yeah. And there are also things that maybe in and of themselves aren’t considered tropes, but when you think of them naturally in the course of writing a scene you get a whiff of familiarity about them anyway. I mean, it’s not necessarily a trope that when there’s a horse racing scene and a character loses they rip up their little bet slips, but I’ve seen it so many times. So it’s like a little thing is like is there another way to do it?

And so I just kept thinking like, OK, what I’m really trying to do is every time I run into something like that I’m asking myself, OK, don’t do that. But then there is a question. Well then what do we do? Because that trope emerged in your mind for a reason. It’s accomplishing something. So we’re going to talk a little bit about how to handle that.

And I think the first thing we have to acknowledge is that tropes are not inherently bad. In fact, weirdly they’re inherently good. That’s how they became tropes. So, I looked this up. Everyone has heard somebody at some wedding say, “Throw your hands up in the air and wave them around like you just don’t care.” This has happened four billion times. But about 41 years ago Sugar Hill Gang wrote “Just throw your hands up in the air and party hardy like you just don’t care” and that may have been the first popularized use of that and it was awesome. Because no one had heard it before and so it was cool.

That’s why it became a trope. Tropes become tropes because they’re surprising and they’re fresh and they entertain and they solve problems. They solve problems. It’s like the first time you taste Hamburger Helper. You don’t know it’s garbage. It helped the hamburger. It worked.

**John:** Or first time someone said like, “Well let’s never do that again,” when something disastrous happened. It was actually a novel response to that thing that had just happened. But if we say that now it is still and is a trope. It’s shining a light on this thing which just went wrong. It doesn’t work anymore.

**Craig:** Yeah. It does not work anymore. The problem with saying, OK, well then I’m not going to do that is that we are disallowing ourselves from using something that at the very minimum accomplishes a thing. Hamburger Helper does accomplish something. It just doesn’t accomplish anything original. So our job here is to replace the trope with something that actually also accomplishes something. Different and good is original.

Different and bad just sucks. And so we have to be careful when we say, all right, no tropes please. We also have to caution that when you zig where everybody else would zag there is the potential that you might do something that’s just boring or self-indulgent or confusing or unimpactful or not believable. So, the challenge today is to figure out how to not do the tropy thing but still get all the tropy goodness from the heart of it while being fresh and surprising and entertaining.

**John:** That sounds great. And I think part of the reason why we’re emphasizing that tropes are there in the first place is that people approach anything we write or anything that they see with a set of expectations. They have expectations about the genre, about the kind of thing that they’re watching. So, they’re aware of what they expect to kind of happen in this. And if you’re so trying to avoid every possible trope then it’s not even going to resemble the genre it’s supposed to be in.

If you’re trying to write a vampire thing and all the vampires aren’t hurt by sunlight, or wooden stakes, or any of that stuff then at a certain point you’re not writing a vampire thing anymore. So you have to be aware of what the overall scope of tropes is for this and how you’re making your choice about what you’re doing and what you’re not doing and how you’re hopefully aware of the tropes and remixing them in a way that makes it feel fresh.

**Craig:** That’s a great example. The vampires. Because vampires are just like drowning in tropes. But you want the vampire to bit someone in the neck. That’s a thing, right? OK, or at least bite somebody in a vein. So, that’s something you need to do. And as you’re creating your vampire story you may come to that place where suddenly the vampire has to bit somebody and drink their blood. So that’s a trope. And I think the first thing you should do is not just deny it. Not say, “Well in my movie vampires don’t do that.” Just first say to yourself, OK, I’m going to allow myself to play out the tropiest version possible in my mind. What am I getting out of it? What are the things that matter?

Is this character particularly scared? Are they excited to be bitten by the vampire? Is the vampire reluctant, guilty? Is the vampire ravenous? What are the things that at least I want out of my characters in the middle of this tropy thing? Learn from that. That’s the stuff that actually you can keep and use. Because tropes are just expressions of intention. They’re just often clever or once brilliant expressions of intention that now become stale from overuse. But keep the intentions.

So, first off, listen to the trope as it happens and learn from it. So you’ve listened to the trope in your head. You’ve heard what the intention is. And now it’s really important for you to say to yourself I’m not going to actually do it. I think sometimes we get into a self-delusional state where we think, well, I mean, you know, we can get away with it. We can do just one. Or, it’s not like it’s that tropy, because instead of the usual vampire biting somebody in the next in a castle he’s biting somebody on a neck in a rooftop bar in modern day New York. No, look, if you blindly walk into a trope, that is to say you didn’t realize it was a trope in the moment, which happens, and then someone points out and says, “Oh, yeah, you know, I’ve seen that,” then you go, OK, OK, got it. Let me change that.

But if you know, don’t do it. Just resist the siren song.

**John:** Absolutely. So I think what your call to action here is like just don’t be lazy. Don’t use the trope without examining what the trope does and why you would be using it. So don’t go for the trope without thinking about what the trope actually does. In the vampire example why is a vampire biting someone’s neck? Well, it’s biting the neck to feed. Is that the most interesting way to show feeding? Is it worth spending the shoe leather to change that vampire behavior and go at it a different way? Is there something about the biting of the neck that you’re going to do differently that is important to your story? For instance maybe the vampire doesn’t have these pop-out fangs and so biting the neck is actually really difficult because they just have normal teeth.

Like that’s a change that you’re making which could be worthwhile. But basically your challenge is to always ask yourself why am I doing this thing that is sort of a stock photo in this kind of story.

**Craig:** Yeah. Because ultimately the audience will be sitting there going, oh, OK, well you know, see you borrowed that. You’ve started to bring up techniques like, OK, so what do we do.

So let’s go through, I’ve got seven suggestions. But I’m sure there are many, many more. But we’ll start with the easiest one which is just reverse it. So if the trope says boy meets girl when they bump into each other and you want them to have a meet-cute and you want it to be in the middle of the street because that’s kind of where they are maybe you just reverse it and they each bump – or they amazingly avoid bumping into each other. Like they’re heading towards each other with all of the attributes of a bumping together scene and they miss each other. And in missing each other they kind of turn back and realize that they had a near miss. And that’s the way it works.

Any trope there is you can just simply try, at least in your mind, to just do the reverse. If we know that vampires feed on people by drinking their blood then is there a way that vampires as it turns out need you to bite them so that they drink your blood. Whatever it is, reversal is always at least a simple strategy. If it works, great. A lot of times it doesn’t. But a decent first shot.

**John:** Absolutely. So you’re taking a look at, again, this is all going back to what does the reader, what does the audience expect. If the audience comes into it with a certain set of expectations and you’re able to kind of acknowledge those expectations and flip them then the audience is going to be hopefully even more engaged because they know that you know what they are expecting and that you’re taking an action to subvert that.

**Craig:** Yeah. Exactly. With that in mind, one of the kind of more comedic ways to handle tropes is by being meta. So the idea is that the characters or the filmmakers are kind of silently acknowledging that they watch TV and movies, too. They know the trope. They are either – when they engage in a trope they’re commenting on it, or the movie is commenting on it, or it doesn’t go the way it’s normally supposed to go.

So parodies kind of truck in this steadily. We did something in one of the Scary Movies where it was the trope of somebody in a moment of kind of anxiety and the camera is moving around them in a 360. We’ve seen this so many times. And we were doing this and then the character kind of puts their hands out and goes, “Stop,” and the camera stops and they vomit. And so it’s like you just acknowledge that the trope is happening.

Lord and Miller are by far the masters of this. So if you want to study this kind of meta trope behavior look at 21 Jump Street or The Lego Movie or any of the work that they do. They’re brilliant at it.

One of the simplest methods of being meta about tropes is doing the trope exactly as it is except taken to its absurd extreme. So, classic trope. You remove the cover of a bomb and there are four different color wires and which one should I snip. We’ve seen it a billion times. But in MacGruber you take the cover off the bomb and there’s a thousand wires. A thousand wires. And that’s great. I mean, it’s essentially like you said, it’s playing off of the audience’s expectation.

**John:** Yeah. And again the movie MacGruber it’s a joke they keep playing again and again is that it’s about diffusing this bomb and then they don’t actually do any of the work to diffuse the bomb. They’re having a completely unrelated conversation when you know you are supposed to be focusing on the bomb.

**Craig:** Right. For drama, sometimes all you need to do to kind of subvert and untropify a trope is to just change the dynamics. So I’ll call it loud to quiet in this instance. So we’ve all seen a prison riot. There have been four hundred zillion prison riots on movies and TV shows and they all look the same. In the prison riot there is a bell ringing somewhere. There are prisoners running around in a violent scrum. There’s always two levels to the prison and on the top level they are throwing burning mattresses to the bottom level. Every. Single. Time. Burning paper, burning mattresses, and people are getting stabbed randomly. And everyone is screaming.

That is what a prison riot looks like in everything. OK. Well, if you’re writing something and it’s time for a prison riot is there a quiet prison riot? Is there a way to do a prison riot where basically the prisoners are methodic and strategic and careful, which is actually kind of terrifying to consider?

So just deciding I’m going to do the same thing but just way quieter, or way louder, may be enough to kind of detropify your tropy intent.

**John:** Absolutely. And that shift of dynamics could also, it doesn’t have to be the entire universe, but whoever the central character is in that we have an expectation of who that person is generally in that story and to put a different kind of person in that slot is incredibly helpful.

And so if you have the charismatic cult leader and we have an expectation of what a charismatic cult leader is, and instead you have somebody who seems just the opposite of that, or just dialed in a very different direction, that is fascinating because we understand the general dynamics of how this is supposed to work but that’s not the person we expect to be doing that. And that gives you opportunity.

**Craig:** Precisely. Again we are playing with their expectations. I mean, last week we were talking about comedy as a magician’s trick. It’s just subverting expectations. It’s misdirection. That’s what we’re talking about here.

Another method is just analogizing. You take the same kind of thing but if there is something that has been done to death and yet useful, find something else that has the same kernel of psychological payload but is just different in circumstance in a way we haven’t seen. Typical thing in a lot of movies, particularly sports films, is the wise old coach who used to be something but isn’t something anymore because something tragic happened to them like they lost the big game and now they’re a drunk. And they’ve got to pull it together to help the young hero. That’s pretty much a stock trope.

If you want that character, if you need that character, maybe just look at the drinking part and say is there some other kind of self-destructive addiction that I can put here that isn’t that. Because we’ve seen it. It’s been done a billion times. So what else? I mean, weirdly enough one of my suggestions was are they in a cult? Are they obsessed with following something? Are they and end-of-the-world prepper? Are they running from a crime they committed? Are they trying to win back an ex-lover who has clearly moved on? What are they doing with their lives that has consumed them and pulled them away from what they maybe should be doing?

So you don’t have to turn your back on the useful aspect of self-destructive mentor, but you just have to change the nature of it I think or you end up being tropy.

**John:** Absolutely. And so in this case we’re probably talking about that sounds like he’s either a protagonist or an antagonist. We’ve seen stories in which that coach figure is the central character, so The Way Back, the Ben Affleck movie recently, he’s sort of that central character. We’ve also seen that as the antagonist, the one who is helping but also challenging our protagonist along the way.

What we’re pushing for is to look at sort of what the outside frame is of that character and are there things about that stock version that you can strip away and subvert so that we can actually see something really interesting and find ways to sort of do the same effect but without the usual details that we’re used to in the story.

**Craig:** Yeah. You just get different lines, you know, different expressions. It frees you in a lot of ways. It really does. It frees you.

OK, we’re getting closer to the end of our list here. We’ve got three more. Mourn the loss of the trope. So tropes make things easy. And sometimes would benefit from the inclusion of a trope. If your 16-year-old protagonist is struggling with her physical identity or her sexuality, I think it’s OK for a moment where she acknowledges that there is a world where tropes exist which is fantasy world, where ditching your glasses or getting a haircut makes you a new human being to everyone. That doesn’t work that way in real life. And it’s OK to acknowledge the trope as almost like you the writer and the character are mourning the loss of it. If only the trope would world. But it won’t.

**John:** So let’s take Booksmart as an example. So in that script you have so many opportunities for these two young characters to engage in tropes, and instead we don’t engage in tropes, or we actually push against those tropes. So you have two young women who want to have the perfect night of high school, of partying, and in some ways they are longing for that trope. They are longing for this idealized version of what a high school party night is supposed to be like. And again and again they are not able to achieve it.

They’re also aware that they’re sort of going for this impossible thing at the same time. So the script is very smart about not letting them do the things that they kind of want to do. And sort of the sadness that it’s never as simple as you sort of wish it could be.

**Craig:** Yeah. And you’ve said an interesting word there which is smart or intelligent. That there is an implied intelligence when you fight back against tropes. Whether we like it or not, and whether we intend it or not, the use of tropes implies a certain kind of lack of intelligent or intelligence horsepower, because it’s a borrowing. So you will seem smarter, which is good.

OK, two more. This is an easy one. Eliminate the lines. Because tropy dialogue is what we consider to be written dialogue. It’s never going to be heard as authentic because it’s been said by a billion other characters before. And now one talks like that.

**John:** It’s hack.

**Craig:** It’s hack. Nobody in real life talks in trope lines. So, don’t have your characters say them. But those trope lines became trope lines because they did express something authentic at one time. So, whatever that authentic feeling is, it’s OK to have your actors express it. It’s OK to have your characters feel it, just not out loud.

**John:** Just don’t say those words.

**Craig:** Yeah. Just sometimes all you’ve got to do is if the trope comes to mind just delete it. But change nothing else and it just might work.

**John:** Absolutely. And if you are able to find that line that so perfectly encapsulates what that moment is like, congratulations you have now created a new trope.

**Craig:** A new trope.

**John:** A new trope line.

**Craig:** A new trope line. And finally, and this is really I think the best advice, and it’s the one I try and use the most. Be real. Tropes or at least are psychological processing of them is such that they feel connected to a glossy or melodramatic representation of life. They feel movie-ish. They feel TV show-ish. So the lines are kind of fake witty. I mean, Arnold Schwarzenegger’s character wasn’t really witty but he would always have these snappy little one-liners, you know, because it’s fake. The behavior is fake macho. Nobody walks away slowly from an explosion. That’s fake. The choices are fake brave. The emotions are fake sentiment. There is never a slow clap in real life ever. There are no slow claps. [laughs]

So the question you have to ask yourself is in the moment that you have created what would really happen. Think about that carefully and then do that. Because there are mechanical ways as we’ve described to change tropes, subvert them, hide them, acknowledge them, but nothing is as interesting, I think, ultimately, than letting a trope happen in your mind naturally, you arrive at a point. Your brain says, oh, the trope would fit right here. And then you say that’s great. But what would really happen? And then you might get something.

**John:** So we have many listeners who are film historians and so I challenge them, can you tell us where the slow clap came from? What was the first cinematic depiction of the slow clap? Because as Craig points out–

**Craig:** The first slow clap.

**John:** It’s a thing I only associate with movies and I think I’ve seen people try to do it in real life and it feels incredibly weird because it doesn’t actually make sense. It doesn’t work. And so if someone can tell me the history of the slow clap I’d be delighted to hear it.

But Craig’s underlying point here about being real, like what is the actual real behavior that people in real life situations would do is the cornerstone advice here. Is that the way you get to making your characters feel grounded within the universe of the story you’re telling is to be consistent within that world. And so we’re not saying nothing can be heightened. Obviously things are heightened. And so Veep is heightened. That’s not how real people would speak. Never Have I Ever, a show I just watched and really loved, is heightened. And that’s fine.

Social Network is heightened. People are speaking at a clip that they couldn’t speak at in real life. But within that heightened universe there is an underlying reality that you’re never reaching for sort of stock ways to get through things. In any of those things if they reached for a clunky line like “Let’s never do that again” it would thud. It wouldn’t work.

**Craig:** Yeah. It just wouldn’t. And so, yeah, you are allowed to be not realistic in your tone, but in moments where tropes would fit the best way to untropify the trope is to say what would actually happen here. Let’s not gloss this over with some tropy paint. Let’s embrace the realness of it.

I thought that, you know, the movie that we were looking at the other week, Bad Education, did a really good job. I mean, there’s so many opportunities for tropes in that movie.

**John:** Oh yeah.

**Craig:** And it seemed like, you know, they dodged most of them. I really do think so. I mean, you could feel like everybody was working hard, including the actors. Because, I mean, remember, some tropes aren’t just written. Some tropes are also acting tropes. Here’s one that I see all the time. In the place of somebody allowing themselves to experience something they just do a heavy breath out. No one does that. Normally in real life no one is like, [deep breath], well, but they do this sometimes. So everybody worked really hard to not do the tropy tropes and it’s appreciated. It really is.

**John:** It is. Here’s my actor tropy trope. I’m frustrated so I’m going to take off my reading glasses and throw them down on the desk and then rub my temples with my hands. That is my tropy trope.

**Craig:** Yeah. No, I mean, I think there’s a pretty great – there’s a few great Denzel gifs. A lot of times I feel like tropes begin with Denzel. Like Denzel does something amazing and then everybody else is like, ooh–

**John:** Oh, I’ll Denzel that.

**Craig:** I want to Denzel it. And then it’s like, mmm, but Denzel Denzeled it. So you can’t Denzel it, because he Denzeled it. So, anyway.

**John:** Craig, I think you Denzeled this topic and for that I want to offer you a—

[Clapping]

**Craig:** Da-dum.

**John:** I don’t know what it means. But it’s a thing that happens.

**Craig:** Just sometimes, yeah, it’s a thing that happens. It’s just so funny. The whole psychology of the slow clap is that everyone is stunned. And no one is quite sure if they’re the only person who thinks what they saw was great. And then one brave soul is like not only am I going to express that this is great, but I’m going to do it so deliberately–

**John:** Yeah.

**Craig:** And then everyone is like, yes, I will too. One by one. And then the applause. And then it has to turn into like the full applause.

**John:** Yeah. But it would be better if it didn’t turn into full applause and instead it was like they were keeping time, where everyone just starts clapping the same way, like are we supposed to start singing?

**Craig:** That’s terrifying.

**John:** That’s a way to subvert that slow clap trope.

**Craig:** That is absolutely terrifying. Yeah. And there’s always that moment where the person like when the slow clapping is happening the person on stage is like “what’s going on?”

**John:** Wait, what?

**Craig:** They’ve never experienced the slow clap phenomenon. [laughs]

**John:** Well, the challenge of the slow clap though is it’s also a mocking thing. You can make somebody by the slow clap. So it’s impossible to read what it actually is. And it’s a thing that just happened in movies.

**Craig:** In real life the only time you hear a slow clap is in a mocking reference to slow clapping. So, yes, in a movie if someone gets the slow clap their response should be like, “You know what, screw you man. I know what you’re doing.” Oh, slow clapping.

All right. Well, we’ve got some questions we can shuffle onto here if you’d like.

**John:** Let’s go for it. I’ll start with Paul in Wales. He writes, “I have a question about slug lines. I’ve seen them be bold, underlined, and with scene numbers if it’s a spec, but how about different colors? I’ve written a half-hour TV pilot that uses parallel realities, showing how different characters deal with the same problem. Because scenes from both realties are intercut I’ve given each reality a different colored slug line, pink and blue, and the rest of the scenes are in black. As someone with dyslexia I find this easy for myself to keep track of where I am in the story. Are there easier ways of showing a jump between realities on the page? I have written Reality A and Reality B in parenthesis at the end of each slug line. Should I instead put this before the INT or EXT?”

Craig, what’s your thinking on this kind of slug line questions and color overall in scripts?

**Craig:** The risk is just being distracting with the colors. That said, I don’t think it’s a bad idea. If you have something where you’re moving back and forth between various realities and you want to color code those slug lines, that to me is not a killer. If I were reading the script and enjoying it I think I would find that to be kind of a delightful help. If I were reading the script and thought it was boring then I would think of it as – honestly, I would just think I wish the writer had spent as much time on the writing as they did on the color coding.

So it always gets filtered through the quality of the writing itself. I am tempted to say that if the script is done properly and well you won’t need those. But, I don’t think it’s a huge problem. And if readers do say, “Listen, I really appreciate it,” go for it. It’s not like we’re dealing with the 1990s where everything was being Xeroxed on black and white machines. So, why not?

**John:** So when we had Greta Gerwig on the show her script for Little Women had pages in red, so the text was in red, for when we were in the past. And it was helpful because that was constantly playing with which timeline we’re in. And so she did not just the slug lines but the whole scenes would be in red when they’re in the past.

And that worked for her script and I thought it was a good choice for it. What Paul is suggesting I think could work, but I don’t know that going in color is really going to be more helpful than putting the past or present over it, or putting some little symbol, or maybe just bolding the ones that are in the present versus the past, or the different realities. The pink and the blue feels like a lot to me. And I do wonder and worry for Paul’s sake that someone who is picking it up is just going to go, “Huh,” and might toss it a little bit earlier than they should because they’re so thrown off by the color.

So I think a simpler choice that works is going to be better than a color choice which might work a little bit better honestly, but will just throw people off.

**Craig:** Sure. I mean, I think it’s also – you could also say, look, as a little note beforehand, “I have dyslexia. This is how I am able to write and navigate through the script. So apologies if you find it distracting.” I think sometimes just being honest about those things and people will go, well, I’m not going to be a dick and just be like, well, I don’t care about your dyslexia. Throw. You know? And fling it virtually across the room.

I mean, I would probably give somebody a bit more of a break because I understand the intention. As opposed to I am self-indulgent and I think that I’m going to make things pink and blue. Do you know what I mean? So, yeah, you know, I think in general he should be – I would be – let’s put it this way. That’s not going to be the problem. Do you know what I mean? In the end ultimately if there’s a problem it’s going to be because of the writing.

Alexandra from West LA writes, “Could you do an overview of all the ways a screenwriter could make money screenwriting?” Such a good question actually, Alexandra. Thank you. “How is the screenplay market structured? Where is most of the money? I know as screenwriters we aren’t here for the money, but current insight on this could help funnel my overrunning cup of creative desires, especially as so many different storytelling formats open up. Thanks. Thank you.”

I like that she said thank you twice. Alexandra in West LA. So, John, let’s do a quick rundown on how you can make some scratch doing this gig.

**John:** All right. So, the classic ways screenwriters, we’ll talk about film and TV as one big pile of writing, the classic ways they make money is I write a script all by myself, a spec script, and I sell that to somebody for a sizeable chunk of money and they say, “Fantastic, we love this script. We will make this into a movie. We will pay you this amount of money for the script you’ve written. We will hopefully pay you some more money to do the rewrites on it.” And that goes out into the world. I will get some sort of residuals and profit participation on that movie when it gets made. That is a classic way that people get paid as screenwriters, but it’s actually not the way that most screenwriters make money.

Most screenwriters instead make money by being hired to write a specific project. And so it could be their original project that they have an idea for, they pitch it to a producer, to a studio. That financier says, “Great. I will pay you X dollars to write that script for me.” Or it could be based on a piece of property that the studio or the producer owns and they are looking for a writer to adapt this into a movie. They come to you and say, “Do you have an idea for how to do this?” And you pitch them your idea for how to do this and they pay you money to do it.

Those are classically the ways that screenwriters make money is by creating material themselves and selling it, or by being hired to write screenplay material for somebody else.

**Craig:** Yeah. So there is open writing assignments where you’re hired to rewrite things. There is roundtables where they bring screenwriters together to have a kind of group effort to punch up a comedy script for instance. Or talk about how a dramatic script might be improved, sort of development style. And in television there are similar entrepreneurial avenues. You write a spec script, you set up a show. You can also be hired as a high level executive producer or story producer for a show that somebody else started. And of course you could be hired as a staff writer where you are helping break stories in the room and then you are assigned a script.

**John:** Yeah. So in our earlier conversation today about like writers in virtual rooms, those writers are being paid for their time in that room. And based on how their contracts work that time that they’re in the room may also be applied towards the script that they’re writing, or that script that they’re writing may not be part of that time that they’re spending, that weekly money they’re getting for being in the room. But that is probably the bulk of overall writer income in the WGA is TV writers who are in the room writing on a show.

**Craig:** Yeah. And then there are sort of nontraditional areas. I mean, well screenwriters also can work on variety shows. So they’re working on jokes and sketches. You can write on game shows, which do need writing. And then there are things that you can do sort of independent. I mean, you can write for commercials. Is it screenwriting? Well, it’s writing for the screen. It’s not necessarily unionized, but there is that.

But basically that’s kind of the run of it. I’m sure we’re missing a few things. But by and large 95% of the money that we make as screenwriters is through open writing assignments, through rewrites, through original material, through working in a room, or collaborating with other people on a television show. That’s kind of the run of it.

**John:** I would also say that a not insignificant part of income that comes into writers is stuff that’s not really writing, but it’s teaching writing, or it’s doing other stuff that’s sort of adjacent to that process. And so Peter Gould who is a fantastic writer and a director on Better Call Saul was my screenwriting, actually my film basics professor at USC. And so there’s a long tradition of also teaching or doing other things. We talked about assistants and readers, there’s other ways that these writers make their living while they are writing.

**Craig:** Yeah. So there are kind of screenwriting-adjacent gigs that you can do like teaching for sure.

**John:** Great. Jason asks a question. “On his blog recommended changing your phone number to have a 323 or an 818 area code. Is this still necessary in 2020?” So he’s referring back to a 2007 post I had done about moving to LA. And back then I had recommended that, yes, you should change your number to an LA number just so that people think of you as being an LA person.

That is just dead advice. That is not relevant anymore. Because people keep their cell numbers from wherever they were.

**Craig:** Yes.

**John:** So don’t change your number.

**Craig:** No. Nobody has a number anymore. You’re a name. So, the numbers are gone. There’s a comedian did some joke about getting arrested – it was Kathleen Madigan I think. She gets arrested and they give her one call, but they take all of her possessions. It’s like I don’t know anyone’s number. You took my phone. I literally have no – I can’t call my own parents. I don’t know their number. [laughs] And that’s kind of where we are right now.

**John:** Mm-hmm. I still dial my mom’s number as numbers. I think part of it is just so I don’t ever forget it, just because it otherwise – that’s the number I grew up with. I can’t ever let that go.

I feel like I would be losing a part of myself if I didn’t dial that number.

**Craig:** Every day I wake up thinking I would like to lose a part of myself.

**John:** Ah-ha.

**Craig:** I’m all into Eternal Sunshine of the Spotless Mind.

**John:** So while your phone number does not matter anymore, the area code for that, I will say that don’t use a goofy email address. So, I think proper email addresses are – Gmail is fine. Everyone has Gmail. AOL is still fine. Some people still use their AOLs. It’s fine. But never use Roadrunner. Never use like the free email that came with your Internet service when you first set it up. That always feels kind of weirdly unprofessional to me. So, pick something that is – if you’re putting your email address on the title page of your script, which is fair and genuine, you can do that, just make it an email address that you’re not embarrassed by.

**Craig:** Yeah. I mean, AOL is kind of a red flag. If you’re an older person and you’re using AOL and you want to make it some sort of a virtue of loyalty then that’s fine. Yeah, Roadrunner, Hotmail.

**John:** Yeah, if I see a Hotmail I’m like I’m a little dubious of this.

**Craig:** EarthLink.

**John:** Yeah. All right. It is time for our One Cool Things. I have two One Cool Things that are sort of related. The first is a book. It is my friend Jordan Mechner who created Karateka and Prince of Persia and is an amazing videogame designer and screenwriter, he has a book out now called The Making of Prince of Persia, 1985-1993. It is a collection of all his old journals. And so he was a person who actually just kept a journal about what was going on day by day as he’s building what became an incredibly seminal game and helped change the videogame industry. And you’re just seeing this college kid working out sort of how to make this game and largely do it himself. Everything from how to sort of figure out the bit maps to some of the programming stuff, but really more the business and the logistics of how it should all fit and work together.

So, I really enjoyed it and I think the closest comparison I would have for it would be I remember reading Sex, Lies, and Videotape, the book, that Soderbergh wrote which is both his production journal and the script for Sex, Lies, and Videotape. It was like the first real screenplay I had read. But the actual production log, his sort of notes about what he was doing day by day were so helpful in seeing like, oh, you know what, it’s just a lot of hard work and he didn’t know what he was doing through a lot of it. And so if you are a person who aspires to make things I think you might really enjoy Jordan Mechner’s The Making of Prince of Persia, 1985-1993.

We’ll put an Amazon link there. We put Amazon links for most stuff. But we’re also going to start putting Bookshop links to things we can. Bookshop.org is a website you go to and it’s like Amazon but it actually feeds through local book stores. And supporting local bookstores in this time is incredibly important. It’s a really well setup system and so we’re going to try to be providing Bookshop links to anything we talk about on the show that we can find on Bookshop.

**Craig:** Yeah. It sounds good. It is a really cool read. And like Sex, Lies, and Videotape part of the fun of reading about Jordan’s process is that you’re looking at somebody who is dealing with enormous limitations. And so so much of the story of The Making of Prince of Persia is how do I deal with the fact that I have no resources. I don’t have a lot of money. I don’t have a lot of time. And I also have very little memory to work with to actually make a game that functions.

So, the way that a kind of deprivation can sometimes lead to creative epiphany is fascinating to me and so the story of how for instance the main antagonist of Prince of Persia is a direct result of a memory limitation and how that comes to be is really fascinating. So, it’s an interesting – it’s a really interesting journey. And Jordan is a great guy. So, well-chosen there, John.

My One Cool Thing this week is I think I’ve mentioned Maria Bamford as a One Cool Thing in the past before. She’s a standup comedian out of Minnesota. She is brilliant. She’s also odd. She’s like one of the great odd comedians. She has no problem being weird. Her eccentricity is sort of front forward. And she also has absolutely no shame about talking about her struggles with mental illness which were quite serious. And she did have to take a lot of time off because she does suffer from pretty significant mental illness.

And she talks about mental illness all the time. In this latest comedy special Weakness is the Brand she doesn’t talk about it a ton, but when she does it’s still pretty impactful and pretty – there’s funny and then there’s funny because, my god, that’s really, really true and you said it and it’s funny, which is different. I think she’s terrific. And so if you’re looking for some laughs and slightly challenging laughs, which is great, check out Maria Bamford: Weakness is the Brand.

**John:** Is it Netflix? HBO?

**Craig:** I believe it is on Amazon Prime.

**John:** Fantastic. Which is of course the–

**Craig:** Distant planet.

**John:** Distant planet where the Amazons actually came from.

**Craig:** Yes. Amazon Prime.

**John:** Amazon Prime. In our bonus segment we will talk about my cult history and our early experience with videogames. But until then that is our show for this week. Scriptnotes is produced by Megana Rao. It is edited by Matthew Chilelli. Special thanks to Dustin Box and Chris [Sont] for their help.

Our outro is by James Llonch. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For short questions on Twitter Craig is @clmazin. I am @johnaugust.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you find the transcripts.

You can sign up to become a Premium member at Scriptnotes.net where you get all the back episodes and bonus segments.

Craig, thanks for talking us through the tropes.

**Craig:** Thank you, John. And remember there’s no slow clap.

[Bonus segment]

**John:** All right. So, our bonus topic. A couple of things made me think of this. First off is Jordan’s book. Craig, you are adapting The Last of Us. And I’ve been playing a lot of Animal Crossing.

**Craig:** Sure.

**John:** So videogames are having a big cultural moment, but they’ve kind of always been a cultural touchstone. They’ve always been reflecting and sort of making the popular culture. And so I wanted to talk about our videogame histories. And I guess we’ll start with the distinction between videogames and arcades and videogames at home. Because I did go to the arcade with my brother some and I would play stuff, but I wasn’t a big arcade person. Were you an arcade person?

**Craig:** I wanted to be a big arcade person. My parents generally if they saw me deriving pleasure from something would put a stop to it. [laughs] So the arcade in the Staten Island Mall which I think was called something like Space Port. I think it was called Space Port. It was all I wanted to be in. I just wanted to be in Space Port. And they were like, no, that’s full of teenagers and trouble.

**John:** I just completely picture you on the most recent season of Stranger Things being one of those kids.

**Craig:** Oh yeah.

**John:** In the Star Port Mall.

**Craig:** So Star Port – god, I really want to check. So the Staten Island Mall, which is still there. I lived about, I don’t know, like a ten minute walk from it, and it was just classic. It’s like a classic mall. And Space Port as I recall it was just poorly made up to look like you were entering some sort of space station.

**John:** Were there some black lights?

**Craig:** Yeah, I think there were. I think there were. I think there were some black lights. There was that carpet that had planets and crap on it.

**John:** Oh yeah. Absolutely.

**Craig:** You know that carpet.

**John:** Yeah. It’s good stuff.

**Craig:** And then a lot of delinquents. But I really wanted to. But mostly my early gaming was limited to the Atari 2600 and then games that I could play on the Apple II.

**John:** Yeah. So this is where we sort of get into the John was raised in a cult thing because so much of what people will talk about in terms of their videogame history but also their popular cultural history I don’t have the references for somebody who is my actual age. It’s like I did not live through the same timeline. And so I don’t seriously believe I was actually raised in a cult or I have missing years, but things like H.R. Pufnstuf or Fraggle Rock, people will bring up these things. Like, “Oh my god, I loved that,” and I have no idea what it is you’re talking about. It just didn’t exist for me.

And part of it was growing up in Colorado, you know, in a pre-cable universe you only have what the local stations would carry. And sometimes they wouldn’t carry those things. But it is just strange that there’s stuff I don’t know about that everyone else my same age seems to know about.

**Craig:** Well, Fraggle Rock was HBO, right?

**John:** So that’s cable again. So I didn’t have cable TV.

**Craig:** Yeah. And so I think that that’s fair. I mean, if you couldn’t afford HBO – I mean, first of all in New York we didn’t even have cable. I think New York was like the last place to get cable for some weird reason. We had these odd forerunners to cable like scrambled broadcast networks like WHT and weird stuff like that.

But if you didn’t have cable then you did miss out on things like Fraggle Rock. Honestly, I think I’ve only seen one or two episodes of Fraggle Rock. That wasn’t a thing for me.

So H.R. Pufnstuf was slightly before us.

**John:** OK.

**Craig:** A little bit older. Or at least the bulk of it was I think. It was like early ‘70s. Super early ‘70s.

**John:** All right.

**Craig:** I mean, I remember seeing some of it but I wasn’t super into it either.

**John:** Obviously there’s stuff which is just based on geography, but clearly I think a bigger factor for me was that my father was inherently a contrarian and so if there was a thing that everyone else was getting he would do the research and get the other thing which he thought was better.

**Craig:** Ah. Yes.

**John:** So I never had an Atari 2600. Instead we had the Sears Pong game.

**Craig:** Oh dear.

**John:** Which I had to Google to make sure that it actually was a thing and it really was a thing. But Sears came out with their own version of Pong and that’s what we had on our little black and white TV. We never had an Apple II. Instead we were an Atari family, so we had the Atari 800, then the 400, then 600XL.

**Craig:** Sure.

**John:** So I would get whatever videogames would also be made for the Atari computer systems. But instead of Pac-Man we had Jaw Breaker.

**Craig:** [laughs]

**John:** We didn’t have Chop Lifter. We had something that was kind of like it. So we would always have these things that were approximations. Or games that my brother and I would have to type out of the magazine. So they’d have these games written in Basic and you would type them out of the magazine.

**Craig:** Oh yes. I remember those. I remember typing those.

**John:** Yeah. And then you’d save them. Once we had a cassette drive you would save them to a cassette drive and keep them there.

**Craig:** Yes. I remember. God, that brings me back. Typing them in. And that goes to show you how poor those games were in terms of their visual appeal because you could literally type them from a magazine into your computer. And save them on a cassette tape which was always fun to watch.

Yeah, I went down this memory lane about a month ago when we announced that we were doing The Last of Us because someone asked me what are your favorite videogames of all time. And so I had to go all the way back to kind of the beginning and ask like, OK, in the early days – because it’s easy for me to say like now I love, for instance, Fall Out and Bio Shock and GTA. That’s easy, right?

But in the beginning the first game that I remember falling in love with that pushed into my brain something was Adventure.

**John:** Oh yeah.

**Craig:** On Atari. It was magical.

**John:** So, again, Adventure is a thing I never actually played myself. But I can picture it. I can just picture swinging across that little pit. But I could only play it at friend’s houses.

**Craig:** No, that was Pit Fall.

**John:** Oh, Pit Fall. Then I don’t what Adventure is. Oh, Adventure is the dot where you’re moving through the castle?

**Craig:** Yes. So Adventure is the dot.

**John:** Yeah, I never had it.

**Craig:** So it’s the dot. You have three castles depending on the difficulty level. There’s a white castle, a black castle, a gold castle. There’s a white dragon, a black dragon, and a gold dragon. The dragons looked like ducks. I don’t know how else to put it. They looked like ducks and they made this sound. [Groaning sound] And you had a sword which was a dash and a less than sign. I’m pretty sure. And you were a dot. And there was a bridge. The bridge is why the game was magical.

Never let anyone tell you that Adventure was magical because of the sword or the dragons. It was the bridge. And the reason why is the bridge allowed you to move through things you otherwise couldn’t get to. So there was like a little maze section that was sort of invisible. But as you moved through it would reveal itself. And you had to get from one part of the maze to the other, but there was no way to get there unless you had the bridge. The bridge allowed you to travel through an area you couldn’t. And that bridge was part of how you could start to screw with the game and go places you weren’t supposed to go and get your dot stuck in a corner. Or, get to the first real Easter egg of all time. So much fun.

So, Adventure was the first one that kind of lit me up. And never looked back. But I am concerned that you were not raised in a cult but rather you were manufactured and certain things were just left out. [laughs]

**John:** That’s entirely possible. And so I would say that during the time when I should have been playing some of these early videogames we had the proto Internet very early. My dad was an engineer for AT&T. And we had a terminal in our home where you could dial in and dial in to BBSs, Bulletin Board Systems. And so I was on that really early before most people were on that. And so the time in the afternoon when I would have normally been doing videogame stuff I was doing this.

And so message boards and chat boards and sort of chatting with people online. That’s probably how I got to be kidnapped into the cult. I do remember because unlike modern Internet where you just connect anytime you want, there were only a certain number of lines going into a bulletin board system and so you would get the busy signal a lot. And if I couldn’t get to the main bulletin board I wanted to get to I would try other bulletin boards. And so did join some bulletin board that I recognized along the way was some sort of religious kind of cult bulletin board. But I could always get into it. So I would log in there and check my email messages within that culty bulletin board.

**Craig:** That does sound like cult stuff. Yep. Yep.

**John:** But early videogames I did love from the Atari system we had, Karateka which is Jordan Mechner, and then ultimately we made a new version of Karateka with Jordan 20 or 30 years later. Castle Wolfenstein I loved.

**Craig:** [Speaks in German].

**John:** A sense of story was great there. It was the first videogame I really played where I was a character in a story, which I loved. And they’re making a Wolfenstein now again. They will always make Wolfenstein.

**Craig:** Oh, they’ve made so – there’s been tons of them. And they’re quite elaborate now. But back in the day it was a flat green monitored scroller with levels walking upstairs. It was very similar to Aztec, another early game I played. And you had the key and you had to open the locker and it had a three-code digit. And they would occasionally say Kommen Sie. And you would have to shoot them with your little gun and it was, you know, it was – weirdly I got more enjoyment out of that then some of the new Wolfensteins which are rather elaborate and pretty impressive, like especially the one on the moon.

**John:** Now, Craig, have you gone back and tried to play any nostalgic games and what has been your experience going back to play those nostalgic games?

**Craig:** Yes.

**John:** Like the simulations or the–?

**Craig:** Sure. Like the mime simulator and all that stuff. It’s pleasant. It’s pleasant because it’s nostalgia. But rather than play it now what you can do it is instead of going through all that rigmarole – I don’t actually want to play it. I want to watch it.

**John:** Yeah.

**Craig:** So I was able – so the other game that I said early on was – there were a few. There was Adventure. There was Star Raiders. And there was Aztec. And so I went on YouTube and sure enough somebody had kind of a whole play through of Aztec which is – well when did Raiders come out? ’81? So somewhere in that zone of 1982ish this kind of copycat game called Aztec came out. And it was so much fun to watch it again and remember the enormous amount of time I spent playing it. But I don’t need to play it myself.

**John:** Yeah. Dark Castle, once I finally had a Macintosh.

**Craig:** Oh yeah, of course.

**John:** Was of course important and classic.

**Craig:** Yeah.

**John:** And the Atari game which was like – it was called Star Raiders – was the classic thing where like you warped to the next place and you have to defend your star bases. Loved it. It was all good. And that was actually a game that came on a cartridge.

**Craig:** Yes.

**John:** Which made me feel like I was actually part of a videogame universe at that time when it was cartridge rather than having to load something up off a tape.

**Craig:** Star Raiders was a great game. So Star Raiders, like so many videogames, was inspired by a popular movie. It was clearly designed to look like you were in an [X-Wing] Fighter fighting [Thai fighters]. But it looked good. I mean, it was first person. There was like a reticule. And kind of the whole system was really brilliant. And it was just a great, great game. It’s funny how over time things have sort of flipped around.

For a long time they were trying to make Halo into a movie. And I always thought how do you make Halo into a movie when it’s a rip-off of a movie? I mean, it’s a great game. Don’t get me wrong. But it’s Aliens. It’s space marines fighting Xenomorphs and it’s Aliens. And there are a lot of games like that. Then you’re like, well, if I adapt it into a thing…

So, now that’s starting to change because videogames are getting more and more creative I think. And certainly more and more ambitious. And they’re taking you to places you wouldn’t otherwise go to and they’re also going to different time periods and historical periods. It’s fascinating. So, I mean, look, I think one of the reasons why videogame adaptations have struggled for so long is that people have been trying to adapt things that were already adaptations so there was a familiarity and tropiness to all of it. That could start to change. I hope it does.

**John:** This last week we rewatched Starship Troopers which I had not seen since it came out in theaters. And it was fascinating watching it because I had forgotten how Aliens Xenomorphy kind of it was. And so a lot of things I think as being, oh, that’s a thing that was established by Alien or Aliens, Starship Troopers also did quite a number on as well. It was a better movie than I certainly remembered it being.

**Craig:** Well, yeah. It’s this weird tongue and cheek quasi – it’s hard to tell if it knows it’s being funny. I think it does.

**John:** My take on it was that the filmmakers knew that they were funny and none of the actors knew that they were being funny. And that’s actually probably what makes it work is that the actors are so earnest in this absurd thing that they’re doing.

**Craig:** Yeah. “It’s afraid!” Yeah.

**John:** Good stuff.

**Craig:** Pretty cool.

**John:** Craig, so thank you for helping me deprogram my cult.

**Craig:** You will never be deprogrammed. You are the function of a program.

**John:** I am the program.

**Craig:** You are the program.

**John:** Thanks Craig. Bye.

**Craig:** See you next time.

 

Links:

* Join us Thursday, May 14th for a live talk with Lawrence Kasdan 4pm PT on Zoom here: [Online Conversation: Revisiting The Empire Strikes Back with Lawrence Kasdan](https://www.wgfoundation.org/events/all/2020/5/5/online-conversation-revisiting-the-empire-strikes-back-with-lawrence-kasdan)
* Submit to the [Three Page Challenge](https://johnaugust.com/threepage)
* [Jordan Mechner’s: The Making of Prince of Persia, 1985-1993](https://www.amazon.com/gp/product/B005WUE6Q2/ref=dbs_a_def_rwt_bibl_vppi_i0) and Bookshop.org
* [Maria Bamford: Weakness is the Brand](https://comedydynamics.com/catalog/maria-bamford-weakness-is-the-brand/)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by James Llonch ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/451standard.mp3).

Scriptnotes, Episode 440: Beyond Bars, Transcript

March 6, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/beyond-bars).

**John August:** Hello and welcome. My name is John August.

**Craig Mazin:** My name is Craig Mazin.

**John:** And this is Episode 440 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the podcast I’ll be talking with a panel of experts about the criminal justice system and incarceration, looking at what TV and movies get right and get wrong and how to do better. It’s a great discussion we held this week in cooperation with Hollywood Health and Society. If you’d like to watch this panel rather than listen to it there is a link in the show notes to the video.

Craig, it was good, it was fun. I missed you but there was so much to talk about that an extra person up there probably would have been a challenge.

**Craig:** Sometimes I feel like it’s important to have these moments where you get to do your thing, or I get to do my thing. It keeps it fresh. I’m not saying that we’re swingers or anything. I don’t think – that’s not our lifestyle.

**John:** It isn’t.

**Craig:** No. We don’t have an open relationship, but you know how married couples talk about a hall pass?

**John:** Yeah.

**Craig:** I feel like we actually give each other hall passes every now and again. It’s like instead of the fake ones that you know will just get you in permanent trouble.

**John:** Absolutely. Like my husband for many years, he would go on one vacation by himself each year which I think is just great. So, it’s a chance to sort of like what is interesting in the world that is not just a shared couple thing.

**Craig:** Yeah. It lets you be yourself. I’m glad that I could let you be yourself.

**John:** Now Craig, what has been your experience with the criminal justice system or writing about the criminal justice system? Because I’m thinking back through your credits and I don’t perceive you writing a bunch about lawyers and jails and prisons. But have you done that?

**Craig:** Only in the most bizarre and non-realistic way for the third Hangover film.

**John:** Yes.

**Craig:** Which features Thai law enforcement as well as Mexican law enforcement and I don’t think any of it was accurate in the slightest. So mostly I watch law enforcement. I don’t think I’ll ever be one of those people that writes a big jury trial movie or anything like that.

**John:** Yeah. Like you, I mostly have my experience of criminal justice system watching it on TV. Yes, I’ve been on juries, but most of what I perceive is the things I see on television. And those things are not particularly accurate, so it was a great chance to talk with the folks who do this for a living about what is actual and accurate and real and sort of how to think about it more smartly. And how to really include characters and stories that aren’t being told on the screen. So, enjoy this panel discussion. Craig and I will be back at the end of this for our credits. And if you’re a Premium member stick around because Craig and I are going to talk about the coronavirus. And Dr. Craig–

**Craig:** Yes.

**John:** He will have it all covered and handled for you.

**Craig:** I’ve got it all.

**John:** All right. Enjoy.

Hello and good evening. It is so nice to be here with you all in this nice little intimate room. Tonight we are going to be talking about the criminal justice system. We’re going to be talking about the myths and realities of what the criminal justice entails. And we’re really going to be talking about biases. And so I want to start by talking about my own biases. I’m coming at this as a screenwriter. And so I’m looking at some of these issues from the perspective of what a writer, a filmmaker, someone in the medium might want to learn about when it comes to criminal justice, and so how we tell the stories accurately, how we tell them better, how we avoid some of the tropes and how we just do a better job writing about the criminal justice system.

But I’m also coming at this as a citizen and as a person who votes and as a person who picks people who make policies that really impact how we think about criminal justice. So, I really have two hats on my head, on my very bald head, as I look at these issues. And so I’m so lucky to have an amazing panel here and I’m going to ask maybe some really naïve questions, but I think questions that so often are not asked as we think about what criminal justice entails.

So, I’m going to start with you Aly. So Aly Tamboura is a manager in the criminal justice reform program at the Chan Zuckerberg Initiative where he brings firsthand experience after spending a decade of his life incarcerated. Tamboura partners with formerly incarcerated leaders who are accelerating reforms, giving those who are closest to the problems a voice in reimagining a better criminal justice system. Welcome Aly.

**Aly Tamboura:** Thank you.

**John:** So a couple months ago I did a panel here for Hollywood Health and Society where we were talking about addiction and mental health and one of the things I really wanted to start with is that there are a whole bunch of terms we use related to addiction and mental health that are just inherently negative. That start from a judgmental basis. Like alcoholic or addict. And so when you start using those words you’re automatically coming in at a deficit.

And there’s words like that in relation to criminal justice as well, so before we start talking about anything else can you talk us through some of the words and some of the terms that we may be using that are really not helpful at all. And so can we start using some better words as we start this conversation. What are some words that you hear or terms that you hear that maybe we could just take off the table from the start?

**Aly:** I was going to say all of them.

**John:** All of them. All right.

**Aly:** so, I mean, when you think of things like ex-convict, prisoner, felon, ex-felon, parolee, those are all pejorative words meant to marginalize people. Right? I remember having this big argument when I first came home with my parole officer. You know, he’s calling me a parole and this and that. I said I’m not. And he’s like, yeah you are. I’m like I am not the worst mistake I ever made in my life and I will never, ever, ever accept anybody telling me that I’m the worst mistake I ever made in my life. Right? And I challenge the audience out here. Imagine the worst thing you’ve ever done in your life. And imagine if someone called you that for the rest of your life, in employment, in housing, in access to healthcare, everything. You walk in the door and that’s what they call you. And that’s what it feels like when I hear this language.

**John:** So, you started to explain why it’s a negative, but also what are words that we can use that are neutral, at least neutral, that actually acknowledge that you are a person and not the worst thing you’ve ever done.

**Aly:** Right, so instead of calling people prisoners or inmates, call them incarcerated people. I think if you keep the word people–

**John:** People or individuals.

**Aly:** Or individuals.

**John:** Acknowledging that they are human beings.

**Aly:** In this context, right, it not only helps the individual who may have transgressed on one of our social norms, but it also helps society as a whole to be able to accept those people back in our society.

**John:** You spent a decade of your life in prison.

**Aly:** 12 years, four months, 21 days.

**John:** All right. And so can you talk us through the reality of going from your normal life into a life as a person who is incarcerated. Talk to me about the degree to which you lose your individuality. Are there aspects of that process? Because I’ve seen this in movies before. I’ve seen a person enter prison. What aspects of that are accurate that I’ve seen in movies and TV shows? What aspects of that are not accurate in your experience?

**Aly:** Almost every aspect is not accurate. And I have to tell you when I – I never thought for a minute in my life that I’d end up incarcerated. But I had – all of my knowledge was from media on what prison, jail, the court system was like. And I’m going to say it starts in court. The idea that you have any control. You hire an attorney or one is appointed for you. They take your name. They give you a case number. You become a case number. And you become a spectator. Right? Very rarely and most of the times most people don’t get up and testify in their defense. So you’re just a spectator in this process.

And then once you get to prison then you really start getting stripped of your identity. You get a prison number. And that becomes who you are for the time of your incarceration. They take your clothing from you and mark you as a prisoner. You no longer can do the normal things that you did in life, like cook for yourself, or wash your clothes, or decide when you want to take a shower. So, you really start losing – you lose your individuality but you also lose your purpose, right.

You know, most people in here have a purpose. Get up, go to work, take care of your kids, take care of your family, go to school, whatever it is. In prison your purpose soon, like actually not – the day you arrive becomes survival. How am I going to make it through this? How am I going to make it back to my family? Then you add on top of that this just crushing oppression and isolation. You’re just ripped completely away from your social network and very, very small channels of communication. It’s why I love my job because we’re content on changing the system.

**John:** So we can all talk about the same terms, can you explain the difference between jail and prison, or sort of what kinds of incarceration are out there?

**Aly:** Sure. So jail in most jurisdictions means that you are a ward of the county. You are – it’s usually lower level offenses, so misdemeanors and some felonies that they call wobblers. Usually couldn’t spend more than a year in jail. In some jurisdictions that’s changed now though. And then if you have a sentence that’s more than a year then you become a state prisoner and you’re a ward of the state. If you’re in jail you get probation after jail. If you go to prison you get parole.

**John:** Thank you. Next I want to talk to Lovisa Stannow. She’s the executive director at Just Detention International. She’s also a trained rape crisis counselor and has written extensively about prisoner rape, including a series of high profile articles in the New York Review of Books. Previously Lovisa served as the executive director of the Pacific Institute for Women’s Health and the West Coast director of Doctors Without Borders. Welcome Lovisa.

**Lovisa Stannow:** Thank you.

**John:** So your organization works with jails and prisons in the US but also internationally. So I would love to get some perspective on what do you see internationally that’s the same or different than US prison and can you broaden this out to a global perspective here.

**Lovisa:** Absolutely. Thank you. So you’re right. A lot of my work is in the United States, but I also am spending quite a bit of time inside South African prisons and also doing work in places like Mexico and the Philippines, but also Canada and Europe. And there are prisons in the world that are logistically speaking a lot worse than US prisons in the sense that I have been inside facilities where half of the people don’t have beds, where they sleep on the floor. I have been inside facilities where the government agency that incarcerates people doesn’t supply food. So you rely completely on your family on the outside.

There are also prisons in for example Canada or parts of Northern Europe that are relatively healthy institutions in the sense that there’s much more of a focus on helping people heal from whatever trauma brought them to the prison in the first place. And that are really committed to making sure people never come back. And the US ends up somewhere in the middle there, but what’s important is that we should not think that we’re doing well here. And I think a lot of Americans believe that relatively speaking our prisons are OK and that’s just not the case.

You know, we incarcerate more people than anybody else in the world, both in terms of relative numbers and relatively speaking. And we keep people in prison for such a long time. People spend decades inside. They lose touch with their families. They are dehumanized at every turn, like we just heard. And in addition US prisons are suffering from an epidemic of rape and sexual abuse. So every single year in US detention 200,000 people are sexually abused. So that’s not the number of incidents. Most of these people are assaulted more than once. And that’s not good enough.

So, I think there are reasons for us to be ashamed and alarmed about our prisons.

**John:** Now we see portrayals in media of prison violence and sexual violence. Is it realistic or is it reinforcing that we see these portrayals? To what degree are the expectations being set by the media that we’re seeing? What are you seeing in terms of sexual violence in prisons?

**Lovisa:** The narratives that we see in most movies and television shows that touch on sexual abuse in prison are really misguided and dangerous and frankly inaccurate. Both in the way prisoners themselves, incarcerated people, are described and portrayed, but also the way the institutions themselves are shown.

So prisoners tend to be portrayed as somehow one-dimensional, casually cruel, less than human beings. And that’s so far from the truth. And the actual institutions are often portrayed as these inherently violent places where there’s no way we can keep people safe. And that’s also not true. And these false narratives have real life consequences. Because it means that we start to believe that prisoners are disposable. That it’s OK to ignore people who are incarcerated. That it’s OK to hate people who are incarcerated.

**John:** Zach I’m going to ask you the next question because you actually are making a show that is about an incarcerated person. Zach Calig is a writer-producer for the new ABC legal drama For Life, loosely based on the true story of Isaac Wright, Jr., it tells the story of a man who was wrongfully imprisoned but while incarcerated became a licensed attorney and helped overturn the wrongful convictions of 20 of his fellow inmates. Zach, welcome.

**Zach Calig:** Thank you.

**John:** Zach, now, I was reading up about the show and I was struck by this quote from Isaac Wright, Jr. who sort of inspired the show. “I think one of the things happens in the criminal justice system is that the prosecutor is able to control the narrative from the very, very beginning. The moment an arrest is made they put out a press release to the media and the media follows that narrative. They control the destiny of the person they’re going to be prosecuting.”

So you as writing on this show, you got to sort of set your own narrative for what this story was going to be about and what it was going to be like. What were your challenges and what did you see as the opportunities for setting the narrative for this person’s life?

**Zach:** Well, one of the opportunities that we were able to exploit was giving every single person that was incarcerated a full backstory. We were able to talk about their relationships, their loves, their children, their hopes and dreams and really humanize every single person, whether they were – I don’t want to say the word villain, but whether they were an antagonist to our main character, actually both in prison and even the prosecutors. We tried not to have full heroes or antagonists.

But we don’t have any control over how a prosecutor will present the case and probably will continue to be the same on their end, but we can on our end start to peel back the curtain and understand that it’s not black and white. That at least in Aaron’s case there was an eye witness line up that he will prove to be tainted. And so one of the reasons he was able to do this, like for example you’re called into an eye witness lineup and there’s me and four other people. You don’t recognize anyone. Two weeks later they say John we want you to come back in and you see me and four new people. And now suddenly I look familiar. And in that case Aaron, our protagonist who was based on Isaac’s life, is able to attack that and kind of set a precedent for his own case and free him.

Also, able to look at other issues in terms of like paid criminal informants and in one case of someone who is giving information to a DA in order to get a get-out-of-jail free card for himself. So, with humanizing everyone who is incarcerated on our show, whether they deserved to be in their prison or not, and peeling back the curtain on the prosecutor, we’re trying to paint a picture that there’s more than what meets the eye.

**John:** Well it sounds like, and we’ve all seen police lineups in TV shows. As long as I can remember I’ve seen that scene. But I’ve never seen it from that perspective. So you’re actually just taking a look at the same moments we would have seen in other shows but from a different perspective, from really looking at sort of what’s going on behind the scenes. There was a second one and so therefore that’s why that character is familiar again. So you’re questioning sort of how it actually really works. And was that research or how did you get to that?

**Zach:** Research. Well, I want to say in dramatizing how loaded some of these portrayals can be. But, yeah, that was research. We had an incredible staff. We had a writer who was a former CO. We had two attorneys, one of whom was a public defender and opened up three non-profits in criminal justice. We had a lot of writers, myself included, who had friends and family incarcerated. So everyone was able to bring these perspectives to the table to really put a vivid portrayal on a side of prison that we hadn’t seen. I am personally guilty of watching Oz when I was a teenager and enjoying it at the time, but I also understand that that’s problematic because it’s one side of prison. But it I would say by and large dehumanizes most of the people who are on the show.

**John:** No one comes off well on Oz. There are no heroes in Oz. Let’s get to Dan Birman. So Dan Birman is an award-winning producer and director. He’s spent six years producing and directing the documentary Me Facing Life, Cyntoia’s story, which follows 16-year-old Cyntoia Brown who received a life sentence for murder in Tennessee. He’s currently producing the second installment of Cyntoia’s story exploring juvenile justice issues and her fight for freedom, slated for release this spring on Netflix. So Dan, while Zach was talking about taking a real life person’s story as a jumping off place, you are talking about a real person who you met early on in this process. Can you catch us up to speed on like how you first got to know Cyntoia Brown? How you first got involved with this story? And what the change has been over the course of these years you’ve seen? How both she has changed but really it feels like some of our assumptions about criminal justice have changed over the course of the time you’ve been making this documentary.

**Dan Birman:** So about 2004 I decided to take on the task of understanding how juveniles can become violent. And so it was my job as a documentarian to figure out how to tell that story. We don’t get to write out the narrative. We actually have to go find it and bring it in. So I did a lot of research and found myself in Davidson County, the seat where Nashville is located. Gained the access to the juvenile justice system, to the public defender’s office, and over the course of a year between 2003 and 2004 somewhere in there Cyntoia Brown was arrested and I got a call from the public defender’s office saying I think we have a story for you. That’s after gaining a lot of access and trust.

And I found myself on a plane within three hours with a little camera in my hand. The next morning I was in Nashville at 6:30 in the morning and by 7:30 I was staring in the face of a young girl, 16 years old, who looked like anybody’s little girl, only knowing that she had done something pretty horrible. And so what I started doing is recording interviews with Cyntoia Brown and we had an agreement back in 2004 that nobody on earth is going to allow me to do the story I wanted to do over time, so I was just going to have to follow this story on my own.

And I decided to do that, as long as she agreed not to lie to me or send me down, manipulate my storytelling process that I would stay with this story as long as I needed to that. And that has been 16 years.

**John:** So over those 16 years in the little trailer we just saw we talk about how she was initially described as being a prostitute and now she’s described as a victim of sexual abuse. That does feel like a change that’s happened over the course of this time.

**Dan:** That’s an insightful – you’re going down an insightful path. Because first of all there are a lot of assumptions that go on in this system. And I started out as a – I’m a filmmaker. I’m a documentary producer. So, what I know about justice systems you could put on the head of a pin and still have room for an entire bowling alley. But what I went in with were my own assumptions. I started this story, to be quite frank with you, a very close personal friend of mine lost his mother because her granddaughter murdered her for drug money. And so I thought well that’s messed up. So, what do we do about that?

So my assumptions when I got the call, I said tell me Cyntoia. 16-year-old girl in the middle of prostitution, on drugs. Got picked up by a 43-year-old man who picked her up for sex. Things went from bad to worse and she murdered him. And so I thought to myself, and as I was flying to Nashville I thought Birman what the hell are you doing? I mean, this is stuff we read in the newspaper every day. Why are you going down this path?

And all of a sudden I found myself asking what the hell kind of question is that. She’s a 16-year-old girl. So at that time Cyntoia Brown was eviscerated by media. She was painted as someone who committed murder, a really bad thing to an upstanding citizen of the community, and whatever. So my initial assessment centered on the crime. And centered on a whole lot of factors that are our prejudices.

But what I found over time is it ain’t that simple. What took me seven years to put out the first film was to really peel back the layers of humanity in a human story, because Cyntoia Brown is a human. And the world that grew up in had a lot to do to shape her. Yes, she made a really bad decision on August 6, 2004. Really bad decision. But if we are busy not couching what people do with at least trying to shoot for some level of understanding, some level of perspective, then we’re missing it.

And the reason I think our film has been so successful and now we’ve got this new film that’s coming out, it’s a redo, it’s not an update, it’s a redo, is because I think we bothered to take a hard, hard, hard look at the humanity.

**John:** So in the Cyntoia Brown story it’s a murder that gets her caught up into the system, but that’s probably not – that’s not the reason why most people end up in the criminal justice system. Can we talk about the start of the process, like what it is that gets people involved in the criminal justice system and gets them into a situation where they may be incarcerated? What are the common reasons for which a person is arrested and how do arrests then lead to sort of the incarcerations that we’re seeing? Aly, what are you seeing as what are the common factors that are getting people into our jails and our prisons?

**Aly:** I don’t think that there’s any like we can just say these are the five factors because every person is different. You know, in my case lack of emotional intelligence, lack of impulse control, being raised in a hyper masculine environment. But there are – I think a big chunk we can codify and that’s lack of opportunity. When people are thriving in the world they’re not going to go out and commit a crime. You know?

And so I think if we have opportunity for that segment of society then we would be able to deal with the people who really need the help.

**John:** And what are the specific things that people tend to be arrested for? Because we know about like there’s the issue of like nonviolent drug offenses that are getting people into the system. But what are the things that you see in your time in jail and in prison that you saw as being reasons why people are caught up in this net? What are the specific incidents that tend to get people–?

**Aly:** A vast majority of the people are for drug sales or violence surrounding drug sales, or drug use. Then there’s a segment of people who have mental health issues and as a society we don’t know what to do with those people anymore. So, we send them to prison and jail. And then you have the people, the category that I put myself in, who were in a bad situation, emotionally-charged situation, and made a poor choice in that situation.

And I want to challenge you a little bit. I don’t think Cyntoia murdered her victim. I think she killed him, definitely. But the definition of murder, that premeditation, right – this little girl was being trafficked and made a poor decision but I don’t think – and I’m speculating – but I just don’t believe in my heart that she got up that morning and said, “I’m going to go kill someone in a hotel.” Right?

**Dan:** That’s correct.

**Aly:** And to me that’s the definition of murder.

**Dan:** That’s correct. She didn’t get up that morning and decide to go murder somebody, to kill somebody. I use the word murder for a very dramatic reason. And the reason I use the word murder is because that is a label that is put on someone who does kill somebody. She was convicted of murder. She went to prison. She became incarcerated for having convicted first degree murder. So I use the word for a little bit of dramatic effect.

It’s not perhaps the best word because I think we showed that there’s a much deeper story and as in fact Cyntoia Brown is walking, is a free person, today. Today. Because somebody stopped and bothered to look at a young woman in 360 degrees. But I want to just add one more thing to your question. In the year that Cyntoia was arrested 2.2 million children – children – were arrested for violent crime that year. That year. A third of them were girls. 98% of the girls who were arrested that year according to the Department of Justice, the data that I found, were also victims of sexual and physical abuse.

I think you can maybe – there are ways to categorize what are the crimes of the day but I think what we’re really looking at are the situations of the day. And I think what we miss as writers, as filmmakers, I’m a documentarian so I have to go for facts anyway, but is be able to find perspective because it’s not as sexy to find perspective.

**John:** So you’re saying that the – we might notice the arrest but the actual incidents that were leading up to that arrest happened way before that. And we’re outside of the control of—

**Dan:** It’s big. It’s way the hell big. And I will tell you that there were no lawyers who were ready to put in six years of their time to go find the birth mother, the adoptive mother, the maternal grandmother, and to understand their stories that led to three generations of violence that resulted in Cyntoia Brown. I don’t think the system knows how to do that.

**John:** Let’s talk about the process from the moment that a person is arrested and sort of portrayals we see in the media we tend to see it from the prosecutor’s point of view. We tend to see like, well, we’re trying to figure out who committed this crime. We found a person. This is the person who committed the crime and we’re going to convict this person and then credits roll and the thing is over. What are we missing from the other side of the story? What side are we not seeing? And Zach maybe you can speak to that just a little bit. What side are we not seeing of what it’s like to be on the receiving end of criminal justice systems?

**Zach:** Well, for the people that matter, the jury, they’re not seeing the human element. They’re not seeing the circumstances in which some of these crimes were committed. And they’re not seeing what goes on in the police department. They’re basically only seeing what the prosecutor wants them, especially if someone can’t afford a good attorney.

And the quality of attorney that one has kind of determines the narrative that’s going to be put out there. And when you said we don’t see other narratives, they just maybe think of Harvey Weinstein. Well, we see his narrative because he can afford the best attorney money can buy, and most people cannot.

**John:** Aly, when you see people who are caught up at the start of the criminal justice system, you see people who are arrested, do you have any sense of like what the percentage of people who are arrested or go to trial are going to be convicted? I’m guessing it’s quite high.

**Aly:** Yes. So, in America, and this is just a shocking statistic, if a prosecutor charges you with a felony you have a 97% chance of being found guilty, whether you’re innocent of the crime or not. And I want to highlight something about the prosecutor narrative. Prosecutors have a very, very, very difficult job. And I argue that they’re also system-impacted. They see the worst of humanity every day. They work in an antiquated system, with very, very little to no technology. They read a police report and literally in a manner of minutes, most times less than an hour, make a charging decision that is going to affect the offender, affect the victim, affect the community, affect tax payers. And, yeah, I’m proud to say one of the things that we are doing at the Chan Zuckerberg Initiative is working with prosecutors, helping them use data and technology and get better at making more informed decisions that have better outcomes for everybody.

**John:** So when a person is arrested you would like the prosecutor to say not only how good of a case can I make but I really first ask is this person the actual person who committed the crime. Is this person the guilty person? And what is actually the appropriate response for what’s happened there. Those are two things or what else am I missing?

**Aly:** Well, I think, I mean, it’s more nuanced than that. But I think one of the things is we have this adversarial system, right? What a police officer writes in a police report is held as gospel. And once a person goes in you really, really have very, very little control of, like Zach said, unless you can hire an expensive attorney you are literally a spectator.

And it’s even worse if you can’t afford bail. Because you can’t even assist your attorney in your defense because you’re in jail.

**John:** Talk to us about bail. Because that’s a system that I don’t really understand. And how does bail come about? What is the decision about who gets bail, who does not get bail? And what is a person expected to be able to put up for bail, because I know bail bondsmen and all sorts of stuff. I’m sure it’s different state by state. But what are some useful things that writers and filmmakers can understand about how bail works if a person is arrested?

**Aly:** So, supposedly you’re innocent until proven guilty and bail is a way to get people to show up to court. So if you have some skin in the game, right, if you’re accused of a crime and there is a bail scheduled for offenses in every jurisdiction or every geography they say, OK, you stole a car, your bail is $50,000. Usually people don’t have $50,000 so what they do is they pay a bail bondsman 10%. The bail bondsman—

**John:** So they would have to pay $5,000 and the bail bondsman would basically do an insurance policy on them.

**Aly:** Exactly. And that’s funny because the insurance industry underwrites most of the bail bondsman and they take that 5% as a fee, or 10%. It really depends on the bail bondsman. But anywhere from 5% to 10%.

**John:** It’s basically a tax on that person for having been arrested.

**Aly:** Right. And so what happens is if you’re wealthy you can post the whole bail and after you get out of trial you get your money back, or you can leverage your real estate. But if you’re poor you’re stuck in jail. And you’re stuck in jail, this is pre-trial, you’re not proven guilty. So you’re already incarcerated and the issue with that is people that are poor you lose your job, you lose your house. It’s just a cascade that goes downhill.

And then it also forces you into a lot of times prosecutors if you’re sitting in jail four, five, six, seven, eight days they’ll come up and say, oh well, take a plea deal, I’ll let you out today. And people plea out sometimes think [they knew].

**John:** Now, Lovisa, if a person is sitting in jail during this time they’re unable to make bail, what are the range of things they could see in jail? Because I’m guessing that jail is not a place that anyone ever wants to be. But in your experience dealing with jails because I know you were consulting with like Aspen jail, but also there’s I’m sure worse jails than the Aspen jail. What does one encounter in jails?

**Lovisa:** Well, one of the biggest jails in the world is just minutes away from here which is the Men’s Central Jail, Downtown Los Angeles. And jails tend to be pretty terrible places. Partly because people are supposed to be there for only short periods of time, either waiting trial or as Aly already said spending maybe up to a year if they get a short sentence. And that means that there’s even less programming. There’s even less attention being paid to why people ended up there in the first place. There are so few services in a jail to actually help all these women who arrive because they have endured horrible trauma previously in life, or men who have endured trauma.

So, jails tend to be really chaotic places. And violent places. Both in terms of physical violence in general, but also sexual abuse.

**John:** So obviously we’re focused on the media narratives here, but let’s just a step at the process here. What are some things that could be done to fix this part of the early process? So from arrest to trial, what things would you here on the stage like to see done? So I hear things about cash bail reform or the end of cash bail. Can someone explain what that actually means because I don’t want to explain it wrong?

**Zach:** One of the writers on our show created a nonprofit, one of the attorneys, called the Bail Project. And the idea behind bail was that if someone who has gone through a trial has skin in the game than they will post a bond and be able to return to collect that money. And what this organization did is it paid bail for people who cannot afford it, predominately people in lower income communities, and they found that 96% of their clients came back. And it kind of blew away the notion that people need skin in the game to even consider coming back to their trial. And now they’re in 20 cities across America and that’s one of the things that they’re pushing for and collecting the data to kind of dispel this myth that we have.

**John:** Dan, Cyntoia was a teenager, so what did you see in terms of a teenager entering the jail system? What do we do with juveniles who are caught up in that system? What are the right choices? Putting you on the spot to fix juvenile detention.

**Dan:** I think the hard work of understanding of what a juvenile’s process should be centers on a lot of factors. One is where did they come from. What situations are they in? But you know the system is not designed, it’s not intended to understand the circumstances. It’s not intended at all.

Look, I think in television and film it’s easy to vilify everybody. It’s easy to vilify the prosecutor. It’s easy to vilify the cops. It’s easy to vilify everybody associated with the system. But everybody comes at this with pieces of information, pieces of destiny, what they’re supposed to do. And I think that for the – I’ll never forget that the sheriff of Davidson County asked to take a look at the fine cut of our first documentary before we released it. And he said, “Oh my god, we missed this one.” And I said, you know, I’m not sure you could have seen it.

I mean, these are people who are overworked, overwhelmed by a lot – a lot – a lot of people coming into their system. And Cyntoia Brown was just one of them, one of many that day. How do you stop and go take a look at what their environment was like?

**John:** But I would challenge that as storytellers we have the opportunity to put – to make a character out of one of those prosecutors and let that person realize that there’s actually more to the story. And actually let that person be a heroic person, to actually step beyond their job to actually realize what’s going on there and how to sort of best—

**Dan:** I got to tell you, these are great characters. I mean, Jeff Burks, who was the prosecutor in Cyntoia’s case, was a hardworking guy, a thinking guy. He’s also an animated guy. And he’s a guy who has got a great theatrical presence. For anybody who is writing a story, if you were to watch Jeff Burks in action you’d go, oh my god, I want to write about that guy. And if you look at each of the people involved, the police officers, the detectives involved, they all have that presence. Again, the hard work for us as the filmmakers, as the writers, as the producers, you know, for me the documentary guy, is to take a much harder look, a much closer look at what makes those characters tick.

That’s the fun stuff. Because you could take it from the surface, we’ll see a prosecutor who is doing his job. But if we dig a little deeper we’ll find something more.

**John:** This person we’re talking about is now incarcerated. This person is going into a prison situation. Can we talk about the depictions of entering prison versus what reality is? Because I feel like I’ve seen the scene where the character goes to prison a zillion times. And I don’t know how much of any of that is accurate. Aly, can you talk us through some of the things you see in media about entering prison and what myths you’d like to see dispelled?

**Aly:** You know, you always see the guy walking – or gal – walking with—

**John:** The folded clothes?

**Aly:** The folded clothes. You got your sheet. Your towel. And your socks and underwear. And then there’s a bunch of people catcalling. And I’m just like, oh no, oh god, this is just not how it works. In reality how it works, I mean, it’s a very, very spirt-breaking process. You’re taken from the county jail to what they call a reception center.

**John:** Which is not the prison itself or sort of outside?

**Aly:** So they are prisons. I think in California we have four reception centers. So depending on what geography—

**John:** It sounds so nice.

**Aly:** Well, no, they send you there and you’re put directly in isolation. So, there is no contact with family members. I spent 101 days in isolation in a prison called [Delano]. I had no paper, no pen, no pencil, no phone calls.

**John:** And is the stated purpose behind this for safety and protection?

**Aly:** No. It’s an assessment time. So, you get medically screened. You get screened for education. Then you go in and you go to an actual hearing and they decide your custody level. Then you get shipped to one of California’s 36 prisons, the main prisons. And then in California you have Death Row, which is the highest custody level. And then it goes level four down to level one. And the way – usually you can earn your way down, so the idea is by the time you’re getting ready to go home you’re in a minimum security facility.

Some people depending on their score never reach like a Corcoran Level IV or like Pelican Bay. And there’s a total different type of violence that happens there. It’s very extreme. But it’s not the whistling catcalls that you see in movies, on cinema.

**John:** Lovisa, this last week a big Hollywood person, Harvey Weinstein, got sentenced to prison. We were talking beforehand that you were expecting there to be a whole bunch of like Harvey Weinstein rape jokes and they did not come. Is that progress? Is that good news that it wasn’t the first thing Twitter jokesters went to?

**Lovisa:** I hope it’s progress. I hope we won’t find that there is a bunch of jokes happening tomorrow about Harvey Weinstein. But one of the things that really filled me with dread was once the conviction hit the news we learned that his lawyer had said he “took it like a man.” And I just thought, oh no, now we’re going to get all the jokes. All the don’t drop the soap jokes.

But to my great surprise it didn’t really happen. There were some sort of minor tweets that were just tasteless, but there was also some strong pushback from higher profile media folks. And I’d like to hope that that means we’ve turned some kind of corner, because I think that the sort of flippant treatment of rape in detention is really one of the – it’s a really dangerous trope. And it’s one of the biggest problems with Hollywood’s approach to criminal justice.

**John:** You talk about detention and detention, you know, in the US I think we think about criminal justice as keeping those people outside of society. And other countries may think about it more as rehabilitation and pushing people, you know, getting people the skills they need so they can function back in society. Can you talk us through some of the different approaches that other countries, or sort of more positive approaches other countries might take to this person who was convicted of a crime and is now incarcerated? What are some things that we might see that are different in other countries?

**Lovisa:** In healthier prisons those who are incarcerated are allowed to live somewhat normal lives. They get to still have some control over their lives. Whether it’s just that they’re allowed to wash their own clothes or cook their own food, which doesn’t necessarily seem like a privilege to those of us on the outside, but that’s hugely important to actually – especially for people who arrive with profound trauma in their past, who may never have lived a mainstream life. They have a chance to learn basic skills that are essential upon release.

And so those are really important basic, basic programs that we are typically lacking in the US.

**John:** Zach on your show your central character gets his law degree while incarcerated?

**Zach:** In our show he gets his law degree while in custody. It made it simple for the audience to understand that he’s an attorney. In reality he got his law degree after, but he did everything that we’re portraying as a paralegal in prison.

**John:** I would say as a screenwriter that he was able to build a sense of purpose and autonomy for himself in doing the work for other people who were incarcerated. And the education that he’s getting, the education he’s able to get is what allows him to feel like not just a number, but actually a person with value. Was that a goal of the show?

**Zach:** It’s interesting you say that because he’s actually not this altruistic do-gooder at the top. He’s really taking cases at the beginning of the season specifically to knock down the pillars of his own case and get himself a new trial. Obviously because it’s Hollywood and it’s television we may see this character evolve and start to do something for someone else without personal benefit. But we also go in – I mean, he starts out an attorney in the pilot, but we do have a flashback episode so we can understand how he got to where he is and we see him arriving in prison. We skipped through a lot of the areas where he’s not interacting with other people. But we see him kind of acclimate to this culture and decide to find purpose in the law. And at first, yes, it’s a selfish-driven purpose, but it does give him purpose. And ultimately he’ll find value in helping other people.

**John:** And Dan I haven’t seen your movie yet, but I want to know to what degree—

**Dan:** April 30.

**John:** April 30. To what degree is Cyntoia able to grow into being a woman over the course of her time in prison?

**Dan:** Watching Cyntoia over the 15 years that I watched her I was amazed. Here is a young woman who walked in with a whole lot of issues going on for her. She’s staring at a life in prison that she might not walk out of. And yet she bothers to take advantage of everything that the prison has to offer in this case and she got an education, one course at a time. She graduated while in prison with an Associate’s Degree. Then she worked her way toward a Bachelor’s Degree. She worked on a whole mechanism for helping kids keep them from going down the same path that she went and helped them out of trouble. When they see themselves getting into trouble before they get into trouble.

So, you know, I’m watching her grow up through this entire time so the transition for her walking out of incarceration and back into a life means the continuation of a process that she’s been doing. It’s not an on/off switch. She’s not all of a sudden a new person. She’s a developing person.

And even, you know, stop and think about it, too, and I think something that we had to wrap our heads around is that even the Supreme Court recognizes that kids who are incarcerated are starting out with [squirrely] brain syndrome and at some point they grow up and mature and they become something different. They evolve.

**John:** Now, part of – ideally the end of an incarceration comes at parole or there’s some sort of hearing, there’s an assessment. I’ve seen, again, I’ve seen that scene in movies and I don’t know if anything I’ve seen in movies is accurate. Aly, can you talk us through what the end of incarceration looks like and what a parole hearing, or how that actually happens in real life?

**Aly:** It really depends on your sentence. So there’s two different types of sentences in California. And actually across, more than two. Because you can get the death penalty. But the basic two are determinate and indeterminate sentences. So in indeterminate, for instance, if you’re sentenced in California to 25 years to life, after the 25 years you go in front of a parole board and they assess your behavior in prison, your growth, your ability to articulate how you were able to commit a crime. And they make a decision and you’re either released or you go back to prison and they give you some recommendations and you come back later.

Then there’s determinate sentences. Determinate sentences you’re just sentenced to five years. And when you’re done you get out and you’re on parole for usually three years.

**John:** And so in a determinate sentence could you be released earlier on good behavior? Could there be other circumstances which get you out in less time than that?

**Aly:** So in California there’s three tiers of credits that you can earn. So most everybody can get out a little bit early. If you’re a violent offender you’re going to do 85% of your law under the truth and sentencing law. If you’re a drug offender you do about 50% of your time. If you’re a very, very low level offender you can actually get out in a third of your time and those are the men and women that you see that are out fighting fires in California. They earn a lot more credits.

**John:** How do we feel about that? I don’t know how to feel about that. That actually was a topic we brought up on Scriptnotes was about these people who are fighting fires on California’s behalf. And you can see that as an inspiring story of these people who are getting a chance to sort of do stuff, but you can also see it as they are kind of incarcerated labor and it’s very dangerous. So, I don’t know how to feel about that all.

**Aly:** Slavery is still legal in prison. The 13th amendment abolished slavery everywhere but in prison. I mean, I worked for $0.09 an hour when I was in prison. I think there’s a way to do it right. I just think we’re doing it wrong right now. I think – I actually went to Norway and Finland and one of the people in our delegation was an assemblyman here in California. And I talked to him about these men and women are going out there, risking their lives for I think they get a dollar a day and I think it’s $5 a day if they’re fighting a fire. And then to come home to have fines and fees, right? What do you mean? I just risked my life, saved millions, and maybe billions of dollars of property and I still owe $20,000 for my fines and fees. So I think that should be eliminated.

I think that they should be compensated decently. And third I think they should be eligible to work as firefighters post incarceration.

**Lovisa:** Can I add something there?

**John:** Please.

**Lovisa:** Is that there are other prison jobs that are quite invisible to the outside world. And that I think most Americans are completely unaware that for example there are major sweatshops inside prisons. There are – when you buy your next t-shirt that says Made in the USA, chances are it was actually made in a prison and then it was sent out to some other place that just applied the logo. There are government agencies that use prisoners to answer their phones. So next time you throw a fit because someone can’t help you, you might be talking to a prisoner who has no power and who is making I think now it’s probably $0.11 an hour. So it’s just important to have an awareness of that.

**John:** And what are ways people who are incarcerated at this moment could get some skills for work, for instance I really want to transition to what is life like after prison. And so how do you find a person who has been incarcerated who is then out in the world, what are the good outcomes? What are the success stories? What are paths that could sort of get somebody to not be caught back up in the system again?

**Aly:** You know, there’s 70 to 100 million people in the United States who have a criminal conviction. So there’s a lot of success stories out there. We just don’t highlight them. We always go to the parolee that did something wrong. But I think—

**John:** And terms like ex-convict doesn’t help.

**Aly:** It doesn’t help. Could you imagine if I went and applied for my job and I said, hey, I’m an ex-convict, want to hire me? Right? It just doesn’t work. But getting back to your question, I believe that our elected and our carceral system has a duty to make sure people leaving the system don’t go back and revictimize communities. And until—

**John:** So it’s a duty both to the person who is leaving the system so they’re actually ready to function, but also to society.

**Aly:** Right. I mean, and I believe in personal responsibility and taking advantage, like you were saying Cyntoia taking advantage of all the educational opportunities. But if you don’t have those educational opportunities and you’re locked up in a concrete steel box for decades and then they push you out – in California they give you $200 – with no skills, very low education, what are you going to do?

And so I think there’s a lot of programs. I learned to write computer code. And I can tell you I wouldn’t have the job today. I don’t write code anymore, but I learned how to write computer code. There was a program called The Last Mile. I get to fund them now which is awesome. Right? And it’s this sort of crazy turn of events. They’re in six states and 13 prisons. And so when I came home I had these skills, these marketable skills. Like software engineers are in high demand. And I don’t know if you’ve ever been on a floor of an engineering group, but people with red hair and tattoos on their faces. They don’t care. If you can write the code – if you can build it they’ll hire you.

And so I think really starting to think about what – and skills that pay a living wage. What the carceral – public/private partnerships in the carceral setting can do to offer opportunities to our folks when they’re coming home.

**John:** Dan, we’re going to lose you in a couple minutes because I know you have to catch a flight, but I want to talk about sort of Cyntoia Brown- and a little spoiler – like post-prison. We will watch your movie so we will see what happened. But did she feel like she was ready for life outside of this? Because she had spent half of her life—

**Dan:** Well, she spent 15 years incarcerated. And as I said she did take advantage of programs and people who were in contact with her to help her just kind of readjust her thinking and her approach and who she was. And to rethink who she was. I don’t know how somebody, I don’t know where that turn happens because I’m neither a psychologist nor have I lived with incarceration. But I can tell you what I observed. And what I observed was a young woman going through stages. Denial at first, I’m going to walk out of here. When I first interviewed her she was sure that within a few weeks this was all just going to be done and she was going to walk out of the jail and back into her life. She was sure of that. And then there was a point in which, oh my god, the likelihood is that I’m going to spend the rest of my life in prison. And that is my destiny.

And there was a bit of a resignation. But then when she actually went from jail to the Tennessee Prison for Women and she started working on things, by having at least a program. And I’m not going to sit here and say that Tennessee Prison for Women is the most progressive prison in the world. It is not for a whole lot of reasons. But they are also taking progressive steps to allow an education program. That’s big. So for her whether she was going to walk out or not, she at least had some hope. There was something called hope in there. So even if there’s a little flicker of that, she gets to develop as a person while she’s going through the maturation process. And through an education process. And it kind of works out so that when she walks out she has written a book. She started writing that before she got out. She’s giving talks. She’s helping legislators. Tennessee is taking some very progressive steps which is amazing to see. They’re learning from it, too.

**John:** Great. Well it sounds like what you’re describing is we think about the criminal justice system as sort of extinguishing hope and you’re stressing that we have to make sure that we are igniting hope in people who are incarcerated. That society wants them back and that there is going to be a place for them and that they are meaningful and valuable people.

**Dan:** I suspect there’s a place called balance where we might see situations treated differently so that hope becomes the goal as opposed to punishment as the goal. Look, people do bad things. There’s no question about it. I’m sure that for Johnny Allen, his family was certainly not very sympathetic to whatever Cyntoia Brown went through. She couldn’t turn that around. It was impossible for her to turn that situation around. However, do we throw away a person, do we throw away a human, without at least considering alternatives? And I have a flight to catch.

**John:** We’re going to open it up to questions. Dan, thank you very much.

**Dan:** Thanks.

**John:** All right. We have time for some questions now. So we have people with microphones. And so raise your hand and we will get somebody with a microphone to you so you can ask your question of the panel.

**Female Audience Member:** Hi, my name is Angelica. I’m from the south, so I’ve been deep, deep in the south and seen some of the horrendous conditions that have been in the prisons, like Parchman in Mississippi. If you haven’t heard of what’s happening there you should look it up. So I have kind of two questions for Aly and Lovisa. I wanted to know have you all explored any alternatives to justice like restorative justice or prison abolition. What do those concepts look like for you and how they work in the real world? And for Zach, mass incarceration has a lot of racial and socioeconomic disparities, and how have you approached those in writing, producing, research on the show?

**John:** Angelica, you have totally a job as a moderator. Those were great questions. So I want to start with alternatives to traditional criminal justice. Aly, do you want to start?

**Aly:** So, in my personal capacity, absolutely right. I try to bring those voices into our foundation. But our foundation, like we can only do so much. So right now we’re really focused on two areas. And that’s the funnel of people coming in to the criminal justice system. So really transforming the way we prosecute this country, so we’re putting people in prison for less time and having alternatives to prison. Because prosecutors really right now only have one lever and that’s like incarceration with fines and fees.

And then than the tail end is really expanding opportunities to formerly incarcerated people. Really making sure they have the opportunities in their life to thrive post-incarceration.

**John:** Lovisa, do you have any thoughts on alternatives to prisons or things you’ve seen that we should be considering?

**Lovisa:** I think it’s pretty clear that we are incarcerating people at a crazy level in this country. And that it’s not a fair system at all. One of the questions you asked early on John was what are some of things that make people end up in prison. And of course the answer to that is quite complicated, because it depends on what you look like and who you are. Because the kinds of things that if we all committed the same crime in this room we would be – some would be much more likely to be arrested than others and convicted and get very long sentences and be denied parole. There’s just incredible racism and classism in the system.

So, if we started addressing those really fundamental issues then I think our incarceration rates would become a little bit more normal as they relate to the world, because incarcerate six, seven times more people than Canada. Why?

**John:** And Zach, let’s talk about the racial component of disparities in criminal justice and sort of in the show how do you address and how do you look at that?

**Zach:** You absolutely have to address it doing any sort of show in prison now. The last I read the statistic being that African Americans make up 13% of the US population but nearly a third of inmates in prison. And Latinos under 15% but almost a quarter of inmates in prison. And so we’re very conscious of that. We don’t shy away from it. But we don’t try to lean in too hard to recreate that narrative, if you know what I mean. We also had a very diverse room of storytellers to make sure we did include everyone’s perspectives and that was very important to us.

And in terms of looking at mass incarceration I think one of the things that our show does very well is it looks at the collateral damage as well. And it’s not a show just about Aaron behind bars in [Bellmore], it’s a show about Aaron Wallace and his family and what it did to his daughter who was raised without a father at home. And what it did to his wife and their relationship. And what it does to the families of not just Aaron but all these secondary characters in our show, too. And that’s in my opinion the beauty of our show and the comment that that makes on mass incarceration.

**John:** Yes?

**Female Audience Member:** I’m currently doing work in bail reform in California, working in partnership with the LA Superior Court, and LA County Probation. And with the SB-10 and bail reform in California, you know that the process under SB-10 would require the use of risk assessment tools as an alternative to having cash as a way for a person to be released. And I just wanted to know what the thoughts are on the use of risk assessment tools in determining whether or not a person should be released.

**John:** And just, because I don’t know, SB-10 is a state law—

**Aly:** It’s a bail reform law that’s trying to essentially eliminate cash bail. There are some places that have done it way better than California. There’s a lot of issues with SB-10 and to answer your question we’re a tech-based philanthropy so we build tools for nonprofits. So that’s how I came into this work, as a software engineer. There are some really, really tough things that we have to consider when we start using technology to determine the destiny of people’s lives.

And so we don’t take that lightly. I think – there’s no like one answer for that. A lot of the risk assessment tools or the data that they put in them are already biased. So, you can create something that has the bias that’s in the data. So, it’s a tough thing that smarter people than me are working on.

**John:** Another question.

**Male Audience Member:** Hi, so another group that’s often treated in dramatizations of anything that has to do with prison reform and in a sort of caricature way are the guards. And I’m wondering if you could talk for a second about the psychology of and experience of and bureaucracy of the guards?

**John:** I can talk about sort of the stereotypes I see of guards. And then I would love to hear some reality checking on this. Is that I always see the burly, under-educated, hot-headed prison guard who is abusive and sort of a know-nothing. And I’ve rarely seen a positive portrayal of a guard in prison. What are some realities? I’m sure there’s a whole range of sort of what these people are like, what people who do that job are like. What are things that we’re missing? What are stories that we’re not seeing about people who are guards in prisons?

**Aly:** I think the portrayal of guards, you know, there are those type of people. But there’s also some very, very empathetic – I’m reluctant to tell this story, but you know I had the flu before I came home and I really thought I was going to die. You know, you go through the stages where you think you’re going to die, then you want to die, right, as an adult with the flu. And this prison guard bought medicine from Walgreens or something out there and risked his job and brought it in and gave it to me. And so, you know, I think they’re human beings just like anybody else. They get a bit jaded and get calloused from being in a job. But like I have a great relationship with the California Department of Corrections.

And I don’t have Stockholm Syndrome. I think if we’re going to improve the system we need to improve their lives also. And get some trauma-informed care for them also.

**John:** Lovisa, I’m guessing training is an important thing for prison guards?

**Lovisa:** Yeah, and I just want to agree with what you were saying which is that there’s a full spectrum of people in the corrections profession. And some are definitely drawn to prison jobs because they like hard power. And for example when you talk about sexual abuse in detention, half of all sexual abuse in detention – you wouldn’t know this through Hollywood – but is actually perpetrated by prison officials. And half is among incarcerated people. So there definitely are guards who are in the job for all the wrong reasons.

But also many who come to the profession because they care and they want to make things better. They don’t always succeed because these are really toxic environments. And some people also get destroyed in these jobs. And it’s something that we see very clearly that former corrections officials upon retirement, they tend to retire early, and they usually have very poor outcomes in retirement.

**John:** Zach, as you were looking at prison guards in your show what were some of the expectations and how did you try to push against them?

**Zach:** So it’s interesting. We originally characterized one prison guard and he was kind of like this tough, burly – I mean, if you watch the pilot you can tell he’s an emotionally abusive guard. And one of the things we were able to do in the season is dive into this person’s depression. And I won’t give anything away but we do look at his home life. And we do look at the trauma that he has suffered from spending so long here. And this is a person who actually went into the profession because his father was in the profession, and that’s very common as well.

And I will say, funny enough, we had a wall in the writers room of all of our guards, because we would just script like guard number two, guard number three, and then we started over the season to like ascribe character traits of these guards. And then we would find situations where certain guards could display moments of kindness and allow Aaron to hug his daughter while he showed up early to court and his daughter wanted to watch him. Or allow Aaron to touch his father when his father came to visit him for his character and fitness hearing. And they’re not supposed to do that, but sometimes we characterized them in really small moments that humanized them. And it would be nice to get into the guards more in future seasons.

**John:** So you’re recognizing them as individuals and not just one monolithic force that everyone who wears that uniform is the same.

**Zach:** Is not monolithic. And we’ll differentiate them and figure out who is going to do what and who has what characteristics.

**John:** Great. A question was right over here. Hi.

**Female Audience Member:** We’ve talked a lot about humanizing them when they’re in prison, but I’d like to know what your experiences are as far as humanizing them before they enter the prison system. And I know that that’s very, very complex what leads these people to prison, but there’s so many traumas, so many experiences like Cyntoia Brown was sexually assaulted. They never questioned her psychological state of mind. The fact that she herself was a victim before she committed the act that she committed. And I don’t know if you guys have exposure to organizations that are working on that, but sort of what the preventative measures are, if any at all, within the community, within societies to prevent them from even being convicted at all. That’s my question. I know it’s a little complicated.

**John:** Aly, you started talking about this and we sort of moved on early in the process, but you were saying it does start well before any interaction with law enforcement. That there’s something that has happened here.

**Aly:** I think as a society we really have to start looking at the history of racism and the use of the carceral system as a social control mechanism. But I really think like I said in the beginning that if we offer more opportunities to people they’re not going to end up in our prison jails. And then I’ll answer your question. There are some organizations like Debug who is doing participatory defense, where your family and everybody gets involved in your defense. There’s an organization called Root and Rebound who is growing into – I think they’re like in seven or eight states now. So there are organizations that are trying to help people on the front end to really, really have a robust defense that brings in some of these things, so the judges and the DAs can hear them.

But one of the problems is that our criminal legal system is not built to allow that information to come in. A lot of the times they’ll just say it’s irrelevant, it doesn’t have anything to do with what happened with the crime, therefore depending on the judge they’re not going to let that kind of data come in.

**Lovisa:** Can I add something? I think trauma is a bit of a blind spot in society generally. And especially inside prisons. That if you look at the pathways of women entering prison it’s not just juveniles, but adult women as well, or the vast majority, maybe 90% of women in prison are sexual abuse survivors from prior to their detention. So these are extreme numbers. And their trauma has tended to be ignored before they were detained and then it continues to be ignored inside because trauma doesn’t count as a mental illness. It’s not something that there are services for in detention. So people are then sitting in detention for years or decades with this untreated trauma. And then they’re released. And they may be getting some help to find a job, or find somewhere to live, but if they still get no support to deal with their trauma they won’t succeed.

**Male Audience Member:** One of the things I feel like in this conversation that we miss is the economic incentive to incarcerate. And so the economic incentive to incarcerate and the incarceration test system is literally designed to prioritize the incarceration of black and brown folks. And so like the residual spillover of that, you know, infects our systems. So, kind of going to the question earlier about guards, I used to be a prison guard for almost four or five years. With those who are incarcerated as well as those who are the jailers, most of those folks are coming from communities that are decimated by poverty. And so you have the incarcerated who more often than not, especially with the majority of people who are incarcerated being locked up for drug crimes, which has its own rich history on why that happens, are in there because they didn’t have the resources to be able to survive and thrive.

Then you have folks who are looking for employment in order to survive in their communities and they’re taking on jobs with little to no post high school education to go in and work in these systems. So, one of the things I’m really curious about your thoughts on is how do we talk about the intersection of race and how it functions with economic incentives to incarcerate black and brown folks in this country?

**Aly:** You know, there’s this wonderful woman, her name is Bianca [Tyler], she puts out this report every year about the prison industrial complex and who is profiteering off of it and how that keeps driving incarceration. We have private prisons who lobby for tough on crime laws. We have guard unions who lobby for tough on crime laws. So, there’s a lot of work to be done in this area. I’m fortunate that I work with a lot of really, really smart people. And there’s other foundations and lots of nonprofits that are chipping away on all of these little aspects.

But it’s going to take – it took us 400 years to get here. It’s going to take us some time to get back. But really recognizing the racial part of it is part of it. And coming to Jesus. Like, you know, we built this system that is biased and we need to deconstruct it.

**John:** A question, are you a writer?

**Zach:** Lee was a writer on our show, I just might say.

**John:** Because I was going to say like well it sounds like you should write about that. Because I think – here’s what I’m hearing and what you’re saying. You’re talking about the intersection of the people who are on either side of those bars have similar stories and that is fascinating and the degree to which this whole system – everyone is caught up in the same system. That is a really great, strong narrative cinematic element. So, I would just encourage you to write on that.

I want to make sure that as part of this panel, and this will also go out on Scriptnotes, is that we as storytellers are not complicit in sort of perpetuating these myths and that we do rise to the challenge of actually talking about these things honestly and making sure we’re exploring what’s really going on. So, thank you for sharing that.

In that spirit, I don’t think we have any time for more questions, but I did want one last little segment here which is a thing I did for the addiction and mental health panel which is called Please Stop. Which is the things people up here see on a repeated basis in film and television and media that is just wrong or not helpful when it comes to criminal justice. Lovisa, I know you had some recommendations for Please Stop. So what are some things you hope to never see again onscreen?

**Lovisa:** I would hope to never see a “don’t drop the soap” joke again, ever. And also to never see one of these flippant taunts in police shows where cops who are portrayed as the good guys are telling the bad guys essentially do what we want because otherwise you will go to prison and get raped, but they say it differently.

**John:** Yes. Zach, what would you like to stop?

**Zach:** Stop creating as a writer’s perspective one-note characters where people are entirely good or entirely evil. And Lee was mentioning the prosecutors, we talked about the prosecutors before, we go to great lengths to characterize the people who put Aaron away and they legitimately believe that he is guilty. They legitimately believe they’re doing the right thing. They may have cut some corners we’ll come to learn through the season. One of them may know, one of them may not. And they’ll have some in-fighting with each other. But both of these people are men who believe they were doing the right thing.

And I think if one were to characterize him as a Klansman it would not do justice to the system and it would not be accurate to the reason why he gets a report on his desk and says, you know what, this is a good case, I’m going to put this person away.

**John:** If that person were thoroughly evil and a villain then we wouldn’t see any of ourselves in him and we wouldn’t recognize our own complicity in those types of decisions.

**Zach:** And we wouldn’t know how we can improve the system and do it differently.

**John:** Aly? What things don’t you want to see out there?

**Aly:** You know, I was at LAX when I was coming here and I saw this kid throw himself on the floor and just do this tantrum. And his mother gave him what he wanted. And I said, damn, that’s a learning experience for me. So for me, even up on this stage, I heard like Zach saying [inmate], it just kills me to hear people categorized by these words that we use. And so if you as writers can start using people, like instead of calling someone a felon you can say a person convicted of a felony. Right? Because if we keep the word person in there, right, employers and people out in the community, when we come home we have a chance if they see us as humans.

**John:** And I’m actually going to break the rules and give sort of a One Cool Thing instead. Because it actually ties in very well to this. It’s a great charity called Manifest Works. It’s an organization that is right here in Los Angeles and it pairs formerly incarcerated people and gets them trained for jobs in the industry for film and television which is exactly sort of what we need to do. So Manifest Works and we’ll have a link to that in the show notes for this episode.

I want to thank our amazing panelist. I want to thank Hollywood Health and Society for putting this together. Thank you all very, very much.

And that’s our show. So as always Scriptnotes is produced by Megana Rao. It is edited by Matthew Chilelli. Our outro this week is by Seth Podowitz. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For short questions on Twitter Craig is @clmazin, I am @johnaugust.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you’ll find the link to the video for this panel. You’ll find transcripts there. They go up about a week after the episode airs. You can sign up to become a Premium member at Scriptnotes.net where you can get all the back episodes and bonus segments like our upcoming discussion on coronavirus. Craig, thanks.

**Craig:** Thank you, John.

[Bonus segment]

**John:** Craig, so how freaked out should I be about coronavirus? Now, to stipulate we are recording this on Thursday morning, so who knows what the world is like on Tuesday as this episode drops.

**Craig:** Right. I mean, it could all be over by then. Look, I think everybody should be concerned about it. We are definitely experiencing a panic right now in no small part because the disease vector started in China. China is not an open nation. They are not known for freedom of speech or press. The government has done a very Chernobyl-esque job of saying things out loud that they prefer to be true instead of were true. No one quite knows. Even the statistics we’re getting now are confusing. Based on some reports it’s already starting to kind of Peter out slightly. But we also know that it is vectoring its way across the Middle East and Europe and the rest of Asia. And we do have our first case of what they would call community infection here in the United States in Northern California, meaning somebody that isn’t here on our soil because they traveled here with the virus or somebody with the virus traveled here and gave it to them. It’s just here.

So, how freaked out should we be? Hmm, we should be concerned.

**John:** Yeah. We should be concerned. So right from the debut of this disease it’s been interesting to see how movies and television have influenced our perception of it. Because you know when the outbreak first began we heard people going back to Contagion, the Steven Soderbergh movie about Gwyneth Paltrow just destroying the world. And Chernobyl in terms of the degree to which information was being controlled or the government sort of misleading us about what was actually really going on.

So, obviously as storytellers we can look at all these things from the perspective of the movies we’ve seen before, the TV shows we’ve seen before. But it’s also important to look back at history and so if this ends up being a very bad flu, well, a very bad flu is a big deal. And so I don’t want to sort of minimize what a bad flu would look like. But there’s also the range up to it’s probably not going to be Contagion. And I don’t think we as Americans particularly have a good sense of what the possibilities are for a disease coming across the states.

**Craig:** Well, one of the things that generally protects us from a fictionalized virus that wipes the planet out is that viruses exist for the same reason we exist, which is to make more of us. And viruses cannot make more of themselves if they kill their hosts too quickly. Or kill too many of their hosts. They actually need you to be alive. The problem of course is that they’re use of you is to spread more of themselves. So viruses are little bits of RNA, little single strand bits, and they get inside your cells and then take your cells over and have the cell become a little virus factory and then your cell pops open. And this is the part that’s the problem. Lots of cells are being popped open so essentially the virus is starting to kill you a little bit.

If it goes too fast and does too much or the area where it acts is so sensitive that even small damage can kill you, then the virus has a problem. We have seen worse viruses – and I’m not doing the [Vira] thing, I can’t – we’ve seen worse viruses in terms of fatality rates. Assuming that the fatality rates we’re hearing about are correct, SARS was a deadlier virus.

**John:** Oh yeah.

**Craig:** Than coronavirus. As is MERS. So is that good news? Not really. Because SARS and MERS kind of burnt themselves out. This one has the potential, well, let’s put it this way. We’re all going to get it. I do believe that. So, coronavirus, and people may think this is a new virus like it’s the Ebola virus, the common cold is a coronavirus. It’s just this is a twist on it. And it’s a really nasty cold. And right now it seems like, first of all, it doesn’t seem to be infecting children very much which is interesting.

**John:** Yeah. Some of the speculation is that because kids get coronaviruses all the time, they’re constantly dealing with that stuff. Their immune system is just better able to handle it and sort of shrug it off.

**Craig:** Yes. So here in the United States where we’re constantly wiping our children’s environment down with Purell we are doing them a disservice. It does appear that the 2% mortality rate is a factor of age. So, older people are dying. People who are immunocompromised are dying. People who have congestive heart disease or pulmonary issues definitely are at risk because ultimately coronavirus seems to be killing you by giving you a pretty advanced pneumonic state. And your lungs are filling with fluid and can’t get enough oxygen to your blood.

One thing that people have pointed out is that women are dying at a slightly lower rate than men, and this is from China, if the statistics are accurate. And one of the reasons they think that may be is because about 50% of men in at least Wuhan, in that area, smoke. So, smoking clearly once again not compatible with good health. But if you look at the numbers of people that are perhaps under the age of 80 and not smoking and generally healthy my guess is that they’re quite low.

But what it means is that it’s coming here. And people are going to die. And our system is going to be severely taxed and our global economic system has already been seriously impacted because we all decided in our lust for lower prices and cheaper goods that China should be the factory of the world. And the factory currently is sick.

**John:** Yeah. Now let’s talk about the practical effects in terms of daily life in our industry. So, I’ve already started to notice that there’s some hands that are not being shook. There are some more elbow bumps happening. I don’t know if it’s necessary or helpful, I’m not seeing masks come out. The general consensus seems to be that the masks should be saved for people who are actually in medical fields who are encountering a bunch of people. That normal people shouldn’t be wearing the masks.

But it is a change and I do – you and I for example, we’re thinking about doing a European Scriptnotes visit. And it’s great to make those plans, but I think I’m making all those plans with the back of my mind saying like, huh, I wonder if that’s actually a thing that’s going to be continuing, or going to be possible when that date comes. And so it is an interesting thing to be thinking about in terms of the projects that I’m handing in, movies that could go into production, knowing that everything could be effective.

Our friend Chris McQuarrie, his next Mission: Impossible movie they’re supposed to have a big Venice shoot. Well, Venice has coronavirus and they’ve decided to pull back from shooting in Venice because of those concerns. So it is going to impact production. It’s going to impact some of the daily functioning of Hollywood, even if it doesn’t become the Steven Soderbergh level of disease.

**Craig:** Yeah. I think it’s going to impact everybody. It’s hard to say if more people are going to die from the coronavirus or specifically COVID-19 which is the disease cause by this strand of coronavirus. It’s hard to tell if more people are going to die from COVID-19 or from the economic fallout of COVID-19. Because when economies start to topple people die. So, this is all connected. We forget sometimes. Sometimes we think the economy is just a ticker. Or a statistic about gross national blah-blah-blah. Really what it comes down to is food, medicine, money. The ability to work and pay for things.

So, it’s going to get bad. But we don’t know really at this point what we’re looking at. We can say this with surety. The individual that our federal government has put in charge of leading the effort against coronavirus is not qualified even in the remotest, slightest way.

**John:** No. No. There is almost no person I would feel less comforted is doing this thing. I guess there are probably some MAGA professional wrestlers who I feel would do less of a good job, in the sense of having no understanding of how bureaucracy works. But, no, you do want somebody there who actually believes in science. It feels like a bare minimum.

**Craig:** I mean, I could imagine if they put someone named Karen O’Virus in charge or something like that, but beyond that I can’t imagine anybody less qualified. The good news is those people who are put in charge of these things don’t do anything anyway. We do have the CDC, one of my favorite governmental programs. The CDC I suspect as endlessly not as fully funded as they should be is behind the eight-ball on this. They’ve been behind the eight-ball on a lot of these things because that’s how disease works. And they struggle at times to get the message out. But they’re trying.

I will say to people listening to this, don’t go and try and buy face masks. First of all you can’t. I guess there’s been a run on them which is ridiculous. But we do need those for health professionals. And it’s not going to save you from anything. It really isn’t. Just walking around with a face mask on is not going to save you because that’s not how you’re going to get it. You’re not going to get it walking around. Unless someone literally sneezes directly into your face. Wash your hands.

But eventually you’re going to pick it up. Unless you’re one of those people who can actually say I’ve never had a cold, and I don’t believe you, this one is out there. And unless it does a much, much better job of killing than it seems to be doing, it’s – so there are lots and lots of coronaviruses. Most of them affect animals but not people. Every now and then one of them has a little change in it and kind of jumps the barrier.

**John:** Makes the jump.

**Craig:** And this one made the jump. And that’s going to keep happening. That will never stop happening. And I have no doubt that sooner or later, hopefully sooner, there will be some sort of retroviral drug to help reduce the impact of coronavirus or COVID-19, the way we have Tamiflu which does an excellent job with flu, I can say personally.

But we’re in for trouble. It’s not going to be fun. And people are going to get sick.

**John:** Yeah, so going into this, anticipating that this will get rough and bumpy is probably the best preparation you can do, more so than stockpiling food or trying to get a mask is to recognize that we’re going to be in for some bumpy territory and just be emotionally prepared for that. And also to be thinking about what your life would be like if you did need to stay home for a time, or your kid needed to stay home, or your elderly parent needed help. Just thinking through those scenarios, not panicking yourself, just being ready for them I think will be the guidance we can offer somebody.

**Craig:** And, you know, just don’t do anything that you think would be wildly risky. You know, like bringing in chunks of pangolin from China, which honestly if this really did start with pangolin I’m going to lose my goddamn mind. This is a perfectly innocent, beautiful little creature that for whatever many people in china – and anytime you say many people in China you’re talking about so many people – believe has some sort of medicinal qualities, which it doesn’t, and so they keep hunting them almost to extinction and then selling them in these open air markets and…. [sighs]

I swear.

**John:** Craig, should I get some crystals? Will crystals help?

**Craig:** Yes. If you do need to finally end it and you have a sharp crystal.

**John:** That would be the choice.

**Craig:** Yes. Beyond that, no. I’m so sorry.

**John:** I’m hoping we can revisit this segment a year from now and say like you know what our advice was reasonable but actually it did not turn out to be as bad. And there is that possibility. It’s also possible that it’s much worse than we’re saying. But again, it’s only Thursday.

**Craig:** Yes. And we haven’t had a big worldwide pandemic that really killed millions and millions and millions of people since HIV, which is still pandemic but under control. And prior to that I think it was polio.

**John:** Spanish flu. Oh, polio.

**Craig:** Oh, yeah, Spanish flu before that. But it’s been a while. We’re due. These things happen every 30 years or so, kind of like clockwork. And this is the one. So, but this is a different one.

By the way, most people apparently who get COVID-19, it’s very mild. Some people are infected by a coronavirus and experience no symptoms. So, this is a bit of an odd one. We’re not quite sure what’s going on.

**John:** Craig, thank you for making me feel much more nervous.

**Craig:** [laughs] I’ve done it again.

**John:** All right, bye.

**Craig:** Bye.

 

Links:

* [Beyond Bars: Changing the Narrative on Criminal Justice](https://hollywoodhealthandsociety.org/events/beyond-bars-changing-narrative-criminal-justice)
* [Watch the full panel here](https://www.youtube.com/watch?v=twVS-IJRKR8)
* [Aly Tamboura](https://chanzuckerberg.com/story/alys-criminal-justice-reform-perspective/) from the [Chan Zuckerberg Initiative](https://chanzuckerberg.com/)
* [Lovisa Stannow](https://justdetention.org/people/lovisa-stannow/) executive director at [Just Detention International](https://justdetention.org/)
* [Zach Calig](https://www.imdb.com/name/nm3016924/?ref_=nv_sr_srsg_0) writer on [For Life](https://www.imdb.com/title/tt10327830/?ref_=fn_al_tt_1)
* [Dan Birman](https://www.imdb.com/name/nm2270576/) documentary producer, watch [Me Facing Life](https://www.hollywoodreporter.com/news/netflix-acquires-criminal-justice-doc-cyntoia-brown-1221992) on [Netflix](https://media.netflix.com/en/press-releases/untitled-cyntoia-brown-documentary-from-director-daniel-h-birman-lands-at-netflix) April 30th!
* [What Happens After You’re Released from Prison?](https://www.youtube.com/watch?v=0TtZMhHCuBE)
* Scriptnotes, [Episode 324](https://johnaugust.com/2017/all-of-it-needs-to-stop) How Would This Be a Movie? [On the Line: The Female Inmates Who Battle California’s Deadly Wildfires by Matt Toder for NBC News.](https://www.nbcnews.com/video/california-on-fire-these-female-inmates-are-fighting-the-blazes-1068589123744)
* [Coronavirus Updates](https://www.nytimes.com/2020/03/02/world/coronavirus-news.html)
* Sign up for Scriptnotes Premium [here](https://scriptnotes.supportingcast.fm/).
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Seth Podowitz ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/440standard.mp3).

 

Scriptnotes, Episode 438: How to Listen, Transcript

February 21, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/how-to-listen).

**John August:** Hello and welcome. My name is John August.

**Craig Mazin:** My name is Craig Mazin.

**John:** And this is Episode 438 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the podcast we’re going to be talking about dialogue and specifically about listening. Then we’ll be answering listener questions about submission agreements, strikes, and character POV. And in our bonus segment for Premium subscribers Craig and I are going to talk about the state of the Democratic primary.

**Craig:** [laughs]

**John:** Because Craig I was realizing that there are not enough podcasts that talk about politics. It’s really a gap that’s out there in the media landscape. And so I thought maybe we’d do that and we’ll do it just for Premium subscribers so that the rest of the Internet can’t hear it.

**Craig:** Yeah and they won’t. I’m sure it will never get out. RIP our mentions. It’s my new favorite phrase. [laughs]

**John:** Oy. Oy.

**Craig:** Yeah, oy.

**John:** Oh, something to look forward to at the end of the show, but first some follow up. Some follow up from Episode 436. That was the one where Liz Hannah was on. We were talking about How Would This Be a Movie.

**Craig:** Yes.

**John:** The last of those was how would this be a rom-com and Craig tell us about the happy endings.

**Craig:** So, you know, you had this married couple, both of them quite beautiful. This was a very good-looking Irish couple. And they were both running for the same office. They were running kind of against each other, so that was the, as the article said, “It sounds like a bad rom-com.” The slight anti-dramatic circumstance of this was that actually there were two seats available and three people were running, so you and I and Liz, I think all three of us thought, you know, of course the movie ends with the two of them winning. And sure enough the two of them won. They were both elected. So they get to go to work together and represent the people of Ireland together. And then they get to go home together. Boy, if they have children those kids are going to look great. God.

**John:** Yeah. Yeah.

**Craig:** Pretty people.

**John:** Good for them. Apparently it was a squeaker of an outcome. And so it was only on a recount or sort of like the subsequent counting of things that she got her seat here. But congratulations to them. Yeah, some version of this kind of story will happen I predict within the next five years. It won’t be based on them specifically but you will see a couple running against each other for political office within five years. I guarantee it.

**Craig:** Ooh, I like where you’re going with this. Well, we kind of have a slight preview of it with the weird relationship between married couple Kellyanne Conway and George Conway.

**John:** True.

**Craig:** Kellyanne Conway the – I don’t know what her job is, Trump Flack I’ll call her – and George Conway, erstwhile conservative, Never Trumper. But they’re married. So, he attacks Trump on Twitter daily. She defends Trump on Twitter daily. And then they go home and just do it like weasels.

**John:** Apparently so. Things we don’t understand but leave them to their relationship.

**Craig:** Whatever it takes, man. You know, I mean, marriage is tough. [laughs] When you’ve been married for a while you’ve got to spice it up.

**John:** Another bit of follow up, Yurian from the Netherlands is a Premium subscriber and he was just listening to Episode 241 in the back catalog. In this episode you and I were discussing a How Would This Be a Movie idea. And I said the following, so let’s play a clip.

“I think the idea of somebody living in your basement is a good starting place for either a thriller or a horror movie, where like somebody in the family thinks there’s something happening in the basement, or the kid sort of sees the person living in the basement and no one else believes him. And like the secret door that he’s hiding behind is so good that you can go down there and you’d swear there’s nobody in your basement. And so you think you’re paranoid. And, of course, there actually is somebody in your basement. And it’s kind of like Panic Room but in reverse.”

**Craig:** Wow.

**John:** Yeah. So, Craig, I predicted Parasite apparently.

**Craig:** You didn’t just predict it. Prediction doesn’t give that justice. You did it. [laughs]

**John:** I did it.

**Craig:** That’s it. I mean, of course Parasite is more than the function of its main plot twist, but you even got down to like the secret door that is so good no one knows it’s there. You got it.

**John:** Yeah.

**Craig:** You got it.

**John:** Yeah, this is crazy. And so Episode 241, this is like three, or five years ago? This is a long time back.

**Craig:** Is there any chance that director Bong listens to Scriptnotes and was like, “Hmm…” No.

**John:** No. Of course there’s not. And honestly of course we were talking about a How Would This Be a Movie which was based on a story in the news which actually turned out to be fake about this scientist who was living in the basement. So, absolutely did not come from me. March 16, 2016 was when the episode aired. So, it did not come from that. But it is a good movie idea twist and I was right then and I was right because that movie won Best Picture.

**Craig:** It’s almost like you yourself are some kind of professional writer.

**John:** Maybe so. Maybe like after all of these years of doing Scriptnotes I’ve come to appreciate what makes a good movie idea.

**Craig:** Apparently you had it halfway through all these years of doing Scriptnotes. This is really good. 241. That’s like 30 years ago. Yeah, we were 12 when you did that.

**John:** We were so young. God, I remember – god, do you remember as we were riding our Penny-farthings down the cobblestone streets?

**Craig:** Yes.

**John:** And we kept talking about if only there were a way that we could have these conversations but people who weren’t here with us in the room could hear these conversations. And you said, “Listen, Hitler is rising in Germany. That’s really what we’ve got to focus on.”

**Craig:** I was concerned about that. But mostly I just remember that I was delighted by my stick and hoop. Ah, the stick and hoop.

**John:** Nothing really beats a good stick and a hoop.

**Craig:** No. That was the best-selling toy of that year. Stick and Hoop. That’s what kids had. They had a stick and a hoop.

**John:** Yeah.

**Craig:** Oh god.

**John:** And you know what? I bet it was actually really fun.

**Craig:** It probably was. Probably was pretty good.

**John:** And we’ve not given enough thought to stick and hoop technology.

**Craig:** Yeah. Stick and hoop tech.

**John:** Last week we were talking about treatments. And this week I actually had follow up on sort of the treatment that I had to write that sort of motivated the whole segment. I had the meeting at the studio to talk through stuff. And I will say that like it was actually a little bit easier getting the notes and processing some of the notes because I wasn’t defensive at all about sort of the script I’d written, because I hadn’t written the script yet. We were just talking about the treatment.

**Craig:** Right.

**John:** So, in some defense of the stage of writing a treatment and discussing it that way, it was easier for me to think through stuff because I could just say like, OK, so what we need before I actually implement this note and I wasn’t destroying everything I’d actually already done. I was just not doing work I had not done yet. And so that was helpful and constructive on that front.

**Craig:** It is. And I find, too, that when they give notes on these detailed treatments they themselves are less likely to give you the kind of note that would unravel a ton of things because they can see it themselves how it would unravel a ton of things. As opposed to when you’re sort of in a verbal pitch situation and they might not see those ramifications. So I think it helps everybody. I really do.

I was in a situation where I found myself revising the treatment, which I did not love doing, mostly because I just think like, OK, I agree on points A through C. I don’t agree with D. And then E through H sound great. So, I’m going to do those in the script. And then it was sort of like, “Then can you also just do it in the treatment?” OK.

**John:** I actually have a step in this deal where do I have to turn in a revised treatment. So I’m going to do that and it’s going to be great.

**Craig:** It’s going to be great.

**John:** So it’ll be an even more detailed plan for writing the screenplay hopefully that I’ll get to write.

**Craig:** But this is good. This is a good thing. I like this. I welcome you to the treatment family.

**John:** But I do want to point out a downside, because this is something I’ve heard from several former Scriptnotes producers who are now writers, people tell tale of getting trapped in treatment for forever.

**Craig:** Mm-hmm.

**John:** Where you’re constantly revising this document which is not the actual thing you’re trying to make in order please different audiences. And so while I was happy about today’s meeting I definitely can see situations in which it could come into like you never actually get to write a script because you’re always trying to rewrite this treatment.

**Craig:** This is an area where your representative, whether they’re a lawyer or a manager, or a legal agent, should be picking up a phone and saying, “Right, so my client is the most lovely person in the world. They begged me to let them to continue to revise this treatment for you and the 15 other stakeholders in this project. And I said I’m so sorry but no. I’m not going to let them do that. So they’ve gotten all the notes, they get it, it’s time to commence them on the script per the contract.”

I wish that more representatives would do their job.

**John:** That would be fantastic.

**Craig:** Mm-hmm.

**John:** So unfortunately sometimes it does fall to you as the actual writer to say enough and I’m done. It’s time to move onto the next step. Advocating for yourself is a tricky thing. It’s a hard thing to learn but it’s also a thing you end up doing at every stage in your career.

**Craig:** Yeah. Pretty much. And part of the job unfortunately of being a screenwriter in Hollywood, it’s not anything that should be part of our job, it certainly has nothing to do with writing, is the ability to determine exactly where you stand and then apply an amount of leverage and self-advocacy that is concomitant with your standing at that moment. Because a lot of writers push too hard when people actually want to get rid of them. And a lot of writers don’t push hard enough when people are desperate to keep them.

**John:** Yep. It’s absolutely true. And I do have to single out your use of concomitant, because again a word I’ve read and never tried to use in conversation. Well done, Craig Mazin.

**Craig:** Thank you. And I give it as a gift to you.

**John:** Aw. Thank you. We have talked a lot about assistants and assistant pay this last year on Scriptnotes. A thing we’re going to put out this week, Megana before she left on vacation she reached out to a bunch of people who had written into the show and other assistants she knew asking for their advice to showrunners who are staffing up rooms for the new television season. And so this is advice that assistants, so writer’s assistants, script coordinators, what their advice is for these showrunners and for these rooms as they’re being put together.

We put it together as a little PDF and so people can download it. I’ll also have it up on the website to take a look. But Craig I thought you and I might take a quick look through here and just highlight some of the things that assistants have said.

**Craig:** This is great. First of all, no surprise, it looks beautiful. So well done on the fonts.

**John:** Thank you. That was me.

**Craig:** Yeah, you did a great job there. And I like the fact that you’ve got the headers are Sans-serif and then the actual body text is – I like it when things break up like that. So this looks like the kind of thing that should go on the wall, sort of like the Heimlich poster that goes on the wall in restaurants. So this is great.

The first category is Respect Boundaries. Basically don’t treat your employees like they don’t have a life beyond the job they’re doing.

**John:** Yeah. One piece of advice here I like is don’t procrastinate and stay late and make your staff stay late too. Yeah, you know what? That’s true. As a writer I do procrastinate, but I shouldn’t procrastinate in a way that makes everybody else suffer.

**Craig:** Yeah. And I also like this: don’t use your assistants as emotional support and therapy. Don’t overshare about your life and feelings. So, there’s a show that I’m a consulting producer on called Mythic Quest, which is on the air right now on Apple–

**John:** Congratulations, Craig. I meant to single you out on that. Nicely done.

**Craig:** Is it called Apple Plus? Apple TV? Apple TV Plus? I should probably know this.

**John:** Apple TV Plus.

**Craig:** Apple TV Plus. It’s a really funny show. Rob McElhenney and his team have done a great job. Megan Ganz, among others. And there’s a character Carol who is the head of HR at this videogame company. And everybody treats her as their therapist. She’s like, “I’m not – I’m in HR.” People come to her and they’re like, “I’m in love with one of my coworkers. I don’t know how to tell them.” And she’s like, “My god.” “I’m worried that someone is going to report me.” And she’s like, “If they did, I would be the person they would be reporting to. I am not your therapist.”

This is one of those boundary lines that people blithely cross all the time. This is excellent advice.

**John:** I want to say if we keep watching future episodes of the show will we see more of your influence and presence in the show?

**Craig:** You will see my character, Lou, I think he’s in almost every episode in the second half of the season, and I have been told and have no reason to disbelieve that he’s going to be back for quite a few episodes in season two which is currently underway. And, yes, and there’s some other stuff that, yeah, I’ve been helping with with those guys there. They’re great. So, there may be more influence.

My character will never have more than one or two lines. [laughs] I like those characters that just pop in, have one or two lines.

**John:** Yeah. You’re like a Creed.

**Craig:** Yeah. Like Glenn the Demon on The Good Place. Ah, The Good Place. That was such a nice ending. I really loved it.

**John:** That was so lovely. Yeah.

So, to wrap up with our assistant pay stuff, because we got a little sidetracked there, just really simple advice and we tried to keep it as just short quotes from the actual people. There are 20 assistants who wrote in with their opinions. We sort of chopped it all up and put it into categories. But hopefully this will be useful for assistants to be thinking about, but more importantly for shows to be thinking about as they’re ramping up for this next – shouldn’t even really call it a season. Like, TV just never stops now.

**Craig:** Right.

**John:** But more rooms are being put together in this period than last month.

**Craig:** This is a great document. Just sample headline, “Set Expectations. Tell Us Who is in Charge. Delegate Thoughtfully. Solicit Diverse Perspectives. Give Appropriate Credit. Know How Much We Make. Keep People Healthy. Invite Assistants Inside.” These are all really good things.

And this is an eminently reasonable document. This is not some kind of revolutionary screed. This is something that any decent showrunner would want to do I should think. So, it is well-written and it is followable which is the most important thing. I can’t imagine anybody looking at this and going, “No.”

**John:** “No, none of this.”

**Craig:** Yeah. It’s just like wake up. Get yourself – be a woke showrunner when it comes to your assistants.

**John:** Great. All right, let’s transition to a discussion of dialogue. So this is going to be a craft episode. This is where we’re going to talk about the things that characters say in movies, which is what people outside of the industry think all screenwriters do is just to write the dialogue. That’s all we do, right Craig? We just write the words the pretty people say.

**Craig:** I thought the actors wrote that. I thought they came up with what they say. [laughs]

**John:** Oh, that’s right.

**Craig:** I don’t know what we do.

**John:** We write down what they’ve said.

**Craig:** Right.

**John:** Just so that there’s a record of it. Yeah.

**Craig:** Of course. We write down what the director wants to do. You know, in the old movies the director would walk up to the actors and say, “OK, in this scene you’re coming in and you want her to do this. And she’s going to say no to that.” So there’s no script at all and in fact on any given day what you’re shooting is whatever the director imagined. And then the actors make up their dialogue and the director goes, “Cut. Print. Moving on.” Mm-hmm.

**John:** Mm-hmm. So when Greta Gerwig was on the show a couple episodes back we were talking about mumblecore which was the movement that she was an important part of. And classically in mumblecore it’s very under-scripted. There’s a plan for sort of what the movie is about. There might be a plan for what the scenes are. But they’re not detailed plans for who is saying what and what’s happening. And so she came out of that movement and I was surprised that as someone who emerged from that movement that she’s so fastidious and meticulous about what the words are on the page and exactly when overlapping dialogue is going to overlap.

And she said that really did come out of the experience of like being an actor who was not given lines to say. She kind of felt boxed in by not knowing what was going to come next. There was not a plan for how to get through stuff. And that she really loves having written dialogue that she can work from so that she can actually find everything else in the scene and not to be worried about, ah, what am I going to say.

**Craig:** I am not surprised by that at all because when you think about the way conversations work in the real world a lot of times one person is just dominating the other. And if you put two characters in a room without a script that has not been balanced and thought through carefully by a screenwriter, one actor may very well dominate the other. And that’s – how is that good for anybody?

**John:** It’s probably not good for anybody. So in this discussion of dialogue I want to start by looking at realistic dialogue. Really how people would speak in the real world. And the way you find out how people speak in the real world is to listen to them. And, you know, you can eavesdrop on people. You can just be paying attention to conversations happening around you. But to really notice people don’t talk in real life the way they do in movies. And when you see movie dialogue that feels artificial, it’s because it’s as if they’re talking in a movie rather than actually how people could speak in real life.

And movie dialogue tends to be an optimization. A synthesized version of real speech. But it has to be based on some real speech. So I thought we’d take a listen to some real life speakers and how they’re doing things. Listen to them and then after each clip talk through what we’re hearing and sort of how we could do that on the page and sort of what lessons we could take from the clip we’ve heard and apply it to the actual dialogue we’re writing.

**Craig:** I love this so much.

**John:** Great. It was actually harder to find some of the stuff than I would have guessed. So, online you can find a lot of examples of recordings of people about their accent and where they’re reading the same text so you can hear specifically how they’re doing diphthongs and upspeak and stuff. But I wanted to hear people talk in sort of more natural conversation. This first one is from a clip about Appalachian English or mountain talk. And so let’s take a listen to this.

**Male Voice:** Everybody hears about Graham County, don’t they? And how good the people is, how they’re happy. I run into people I don’t know, ever seen them in my life. And I help them in any way I can. Somebody the other day said you’ll get knocked in the head. And I said, well, if I do I’m just knocked. It’s just good-hearted. Everybody you meet, just 99% of them. If I didn’t live here I’d move, wouldn’t you?

**Male Voice:** Where you going to go on vacation? If I was going to go on a vacation I’d just stay right on here.

**Male Voice:** Oh yes.

**Male Voice:** On my days off I’m in here.

**John:** All right. So there’s so much to unpack there. And so obviously we should spend a long time on his accent, which is fascinating. But I really want to look at his choice of words and sort of how he’s putting his thoughts together.

That question at the end, like “don’t they” at the end of something. It’s an emphasis. It’s a softener. You know, he’s not speaking in straightforward sentences that end in periods. There’s question marks at the end of things that’s not kind of classically uptalk. You know, his use of the verb to be, he’s using is where we would traditionally use a different form. There’s a lot there that you could write down and it would give you a very good sense of his voice as a character.

**Craig:** Yeah. His sentences, let’s just call them phrases, because sentences is really a function of prose. When we talk we talk in phrases. And his phrases are usually built around a word. So they’re not balanced phrases. They’re leading up to a thing. Like wood. Like carrying wood. Like I’m going to say something about a garbage bag. I’m going to say something about blah-blah. Mountain talk. I love talk by the way. Talk.

**John:** Talk.

**Craig:** Talk. So there’s a certain staccato element to it. And they’re built around a single thing. They’re not complicated in terms of structure. There’s no internal clauses. The sentences are very direct. Very clipped. Love that.

**John:** Yeah. So, if you were to write this kind of character into your script, my instinct would be if he’s using alternate words for places, use those alternate words to reflect what he’s actually doing, but don’t go crazy trying to indicate the dialect and to try to spell things the way he’s saying them. Because that’s only going to be frustrating for the reader. And it’s not actually going to be helpful for the actor or anyone else down the road. Craig, what do you think?

**Craig:** I completely agree. So, what you don’t want to do is get into that weird, because it almost looks like you’re just making fun of it or something. Use the words. I’m a big believer of the flexibility of language when it comes to these things. Obviously I wrote a show where people in Soviet Ukraine were speaking English with English accents. I just think what is the most natural thing to convey – intent. But with a character like this I think it’s fair to use vocabulary, like you say, that we might not know. And then I think about the reader as somebody that just like you when you’re listening to somebody like this instead of stopping them every single time they say a word you’re not quite sure of, you wait. And you try and figure it out yourself using context. And generally speaking we kind of can. So, the point is you got the basic idea, right?

And if you were totally confused then that’s an interesting thing to happen. So you just think how would I actually receive this. Would I be able to piece it together and get the basic idea? Or would I be utterly lost? That’s a good decision that you should make as a writer.

**John:** Another thing to listen for is how a speaker will incorporate other people’s speech into what they’re saying. And so people don’t say like “and then he says blah-blah-blah.” They will actually just shift their voice a little bit to indicate that it’s a different person speaking within their own speech. And so listen for how characters do that in movies, but also how folks do that in the real world. And that a person will be speaking as two different people without necessarily making it crystal clear on the page what they’re doing.

And so what you might end up doing in a block of dialogue is putting some of that stuff into italics to indicate that you’re speaking as the other person. Or sometimes you need to break that out as a parenthetical. But people can convey a surprisingly dense amount of information in what’s actually a very short bit of dialogue there.

**Craig:** My grandparents did this very Brooklyn thing. When they would tell a story about something that happened to them in the past, even like a day earlier, “Oh, I ran into Rose at the market and she says…and I says…and she says…” It was always she says, I says. So says, sez, became this all-purpose describer of her turn to talk, my turn to talk. But it was always there. It was never we’re just going to shift with voices. And it was never I said and she said. It’s the weirdest thing. I remember as a kid just thinking that is bizarre. But they all did it.

**John:** They’re staying in the present tense as they’re narrating a past event. And that’s really common.

**Craig:** But also violating the conjugation of the verb to say.

**John:** Oh, of course.

**Craig:** Because it’s not “I says.” It was like says became a new way of saying said.

**John:** Exactly.

**Craig:** Yeah. It’s very interesting.

**John:** Vernacular is great. Let’s take a listen to this is a woman who has moved to Austin, Texas. I’m not clear where actually she moved from. She’s being interviewed by a person, so it is a little bit more – it’s not a natural conversation, but it reminded me sort of if you were being deposed as a witness. Or often in movie scenes someone has to sort of tell a history of something. And it feels more like that. So, let’s take a listen to this lady from Austin.

**Female Voice:** About eight years ago we picked Austin. We didn’t know anything about Austin. None of us had ever been to Texas. We didn’t even honestly know it was the capitol of Texas. I mean, I’m embarrassed to say, but I didn’t know anything. I thought it was a small town actually. And so we flew to Austin, my husband and I flew to Austin, and we really liked it. And we came here for about a week on our own for our little vacation and then we flew our boys in. They both lived in different places. And we flew our boys in. And so we had a family vacation for a week with just my husband and myself and then a week with our boys.

**Male Voice:** Great.

**Female Voice:** And we all really liked Austin, but yeah, we just thought oh well, Austin. It was just another place we’d, you know, gone. And we went to a lot of the different sites. You know, Lady Bird Lake. And the wildflowers. And we took a tour of the capitol. And we did all kinds of things like that.

**Craig:** So this is not actually a lady from Austin.

**John:** No. It’s a lady who has moved to Austin.

**Craig:** She has moved to Austin. Interesting. So she doesn’t have that classic Texan accent. Even the Austin accent which is quite a bit more muted than like a Houston accent or a Dallas accent. Very singsong-y. Very kind of rambly tale-telling. I like it. Not an efficient talker.

**John:** Well, there is an efficiency, but there’s no periods in that whole clip. She basically–

**Craig:** Right.

**John:** It’s as if she never wants to actually finish a thought so somebody else could interject. I also think it’s really interesting how she is continuously clarifying what she just said.

**Craig:** Yes.

**John:** So when we moved to Austin, we moved to Austin, my husband and my boys and I, blah-blah-blah. It’s commas, and commas, and commas. She sort of clarified the thing she just said. Not to soften it but just to paint out the whole picture of stuff.

**Craig:** Yeah. There’s a kind of indecisiveness going on in there, even the details of the story are somewhat indecisive. We got to Austin and it was just another place. It was just Austin. But as she’s telling it you can kind of feel like she’s building it as she goes and revising it as she goes. And when she makes a list it’s like a this, and then a this, and then a this, and then a this.

Because efficient is not a term of judgment. Efficient would be I visited Austin with my husband. I loved it. I thought perhaps I could live here. I invited my sons. We looked around. And we decided, yes, we want to live her. That is efficient. This is more of a kind of exploration, you know, kind of verbal discovery. Some people discover as they go. And I do think you’ve pointed out something really smart. Some people do speak with a kind of grammatical integrity. I’m aware that I’m one of those people that speaks with a certain grammatical integrity. Most people do not. Most people will stick sentences inside of sentences and then abruptly cut it off and begin something new. And that’s an important part of understanding the music of dialogue.

**John:** A thing that frustrates me often as I read interviews that I’ve done for people is they will try to transcribe literally what I said, which has a lot of ands. Basically one continuous thought that never really stops. And so I will tell people, no, no, it’s OK. You can put in periods in places. Because otherwise it will feel sort of like what this lady was talking about where it just keeps going, and keeps going, and keeps going. You do sometimes want to provide some structure here.

The other thing I think is important to understand about the context of this, she seems a little bit nervous.

**Craig:** Yes.

**John:** During this interview. I think that’s part of her rambling is her being nervous. But it’s also a weirdly artificial thing for it to not be a true conversation. If she was doing that and she was in a conversation with somebody, they would talk over the other person, or give “uh-huhs” or affirmatives to keep the flow going. And so she’s trying to keep the flow going by herself and it’s a little bit like dancing by yourself. It’s a little bit awkward what she’s doing.

**Craig:** Yes. There are people that are not comfortable leading a conversation. Just like we were saying some actors could easily dominate another actor if they were all left to their own devices. I suspect that this woman is not comfortable leading a conversation solo like that. This is not somebody practiced in the art of soliloquy.

So, there are moments where I suspect she’s waiting for somebody to jump in and they don’t. And she’s filling space to kind of be able to get to the next thing because she was not necessarily prepared to immediately go to the next thing or explain herself. It can be eerie when somebody asks you a question and then never interrupts you. You start to feel like perhaps you’re slowly hanging yourself because you just keep talking. Because you’re waiting for an interruption that never comes.

**John:** That’s a very classic technique, especially in documentary interviews, where they’ll just let you be silent for a moment. You’ll answer a question and they just won’t put another question back. And so therefore you’re just like I’ve got to keep talking. I’ve got to get stuff out there. It’s a very natural instinct. I remember I had to do a deposition for this legal case and at first I was trying to explain everything. And then in a break the lawyers on my side said you’re trying to explain this as if you’re on a DVD commentary. Don’t do that. Just answer the question in an efficient way as you can and move on.

**Craig:** Right.

**John:** And it’s all about context. I’m sure in other situations she could be much more what we’re saying efficient and direct and not try to keep the conversation going.

**Craig:** But there is a beauty to it. Again, the poetry of somebody stringing it all together in one long melody is really useful. This is very useful. People really should be listening carefully to this. Just so we’re clear about what happens when we read things, and when people in Hollywood receive scripts, the very first thing that will stick out is bad dialogue.

It is not the worst sin that you can commit. Dialogue can be repaired. The worst sin you can commit is a boring story about nothing that matters. But, no one will realize it’s a boring story about nothing that matters on page one. What they will recognize maybe even halfway down the page is that no one sounds like a human being. So this is really important for people to hopefully absorb.

**John:** One thing I should point out here is if you were to put what she said into your script it would be terrible. It would be terrible because it’s not interesting at all. Because I don’t care about anything that she’s saying right there.

**Craig:** Right.

**John:** But if she were talking about something interesting and she was talking about it in the way that she’s talking about it there, that could be great. If she had to describe the events of a night, like a horrible thing had happened and she had to describe it and she was using some of that stuff. That would be fantastic. Or if she was trying to conceal something. Love it. That could be great.

**Craig:** Yes. There’s a tendency writers have to convert every human being into a grand orator when it is time to talk about something that is important or hurtful or emotional. Suddenly they become these beautiful speechmakers. That is not how people tell these stories. I’ve listened to people tell heartbreaking stories. And that is when they’re at their most inefficient. And stilting. And self-interruptive. And self-denying and contradicting and fixing and repairing.

It’s what makes us human in those moments. Emotion does not make us more eloquent. It makes us less eloquent.

**John:** Yeah. A great example is the scene in Marriage Story where Scarlett Johansson’s character, she has an incredibly long speech where she’s in the office with Laura Dern. Laura Dern, everything she’s saying is practiced because she’s given that exact same talk a hundred times. Scarlett Johansson’s character is discovering these things for the first time and it’s going to be inefficient, but it’s also going to be emotional and have this ability to cycle back on itself. So both kinds of speech can happen in the same scene.

**Craig:** Yeah. There are characters, like I think of the character that Jared Harris plays in Chernobyl. He is a scientist and he is someone whose emotions are very bottled up. He’s an emotionally constipated man. And he’s very intellectual. And when it comes time for him to say something important at long last when he does it does have a sort of speech integrity to it because he’s that kind of person. I believe it from him. I don’t think I would believe it from say Stellan Skarsgård’s character. When Stellan Skarsgård’s character, Boris Shcherbina, has a moment where he is emotional and needs to declare something, it comes out as a series of outrageous cursing and then just violence towards a phone. Because he is not an intellectual man. And he does not speak in that way.

It’s just important. It’s one of the ways that we help defeat the most dreaded of notes. “All of your characters sound the same.”

**John:** The worst. So, these were two examples of people speaking by themselves. I was looking for better examples of dialogue and interaction between characters which was surprisingly hard to find until I remembered, oh that’s right, there are podcasts. So this first clip I want to play is from the Las Culturistas podcast is by Bowen Yang and Matt Rogers. It’s a weekly podcast or semi-weekly podcast. They had Ben Platt on. And so this is the three of them talking. So just notice how they talk over each other. How they acknowledge what the other person is saying. How thoughts don’t get completed and sort of get clarified before the full thing was done. How they know you’re a little bit ahead of where they’re going so they don’t feel like they have to finish thoughts. I thought it was just an interesting clip. So let’s take a listen to this clip with Ben Platt.

**Matt Rogers:** You’re telling me like when you’re like doing a show on a Friday night, are you giving it a little bit more than you are on a Sunday? On a matinee? Tell me.

**Ben Platt:** Uh, it depends. It’s like very specific to the actual night. It depends who I know is in the audience. It depends how many shows are left in the week. Because sometimes, obviously because it’s a Friday night it’s exciting, it is like easier to give more than on Sunday. But also Sunday you have 36 hours ahead of you that are free, so you can kind of give abandon. So it depends. I would say like a Wednesday Matt is not ideal.

**Matt:** Not the best.

**Ben:** To come to, unless you’re like 65 and up.

**Matt:** Yeah. Yeah. And you get that little discount ticket.

**Ben:** There’s definitely like an A, B, C version of the show that you have to have.

**Bowen Yang:** Yes.

**Ben:** This is what I’m doing if I feel completely healthy and I have all of the faculties. And then B is like I’m trying to save a little for something exciting at the end of the week. And C is like I can barely be bothered to be here.

**Bowen:** Oh wow. You’ve like very clearly delineated all of these scenarios though.

**Ben:** Oh yeah. I’ve spent a lot of time in that wonderful show.

**Matt:** In that show. So basically, wait, hold on. So do you usually know when someone notable is coming? And do you prefer to know?

**Ben:** I ask to know. So I would receive like literally like an itemized list before like a half hour every night of everyone that was there. Because at the beginning it was–

**Matt:** You don’t want to go out on stage and then see Beyoncé.

**Bowen:** Right.

**Ben:** One million percent. Like I don’t want to clock Meryl like mid-number. And also like in that show in particular like I spend so much time out at the fourth wall or whatever.

**Matt:** Yeah.

**Ben:** So like I’m going to see. And it’s a small house, so I’m going to see whoever it is. And they’re always in the same like nice house seats. So I love to have all the information. That’s like a theme in my life in general is I like to have all the information.

**Matt:** Please. Beforehand.

**Ben:** Because anything unknown is far more anxiety-provoking to me than just like dealing with what the actual reality is going to be.

**John:** All right. So this feels like three people around a table. You can imagine they’re in a diner and they’re having this conversation. So, it’s a little bit heightened because it’s a podcast and there’s microphones in front of them, but it feels pretty genuine to what they would actually be, how they would actually be talking as a group. And you notice there at the very end Ben Platt starts a word and stops it and just keeps going on. He knows you know what he’s going to say and he can just sort of keep moving on to the next thought.

I also really want to point out how much along the way the other two guys are acknowledging and sort of affirming what he’s saying. They’re checking in that they’re actually hearing and they’re listening to him.

**Craig:** That’s the thing that I picked up on the most. So, first of all, these three guys are young. I mean, they’re not young like children, but they’re younger than we are. So there’s a certain youth to their discussion and it is indicated by energy. They are all three of them very energetic. They are listening intently to each other and their conversation is a little bit, I’m not going to say combat, it’s not competition, but it’s a group sport. They understand, each one of them, that they’re supposed to be talking. Right? No one is just going to be quiet for a while.

**John:** It feels like they’re all learning forward.

**Craig:** Yes. They’re all leaning forward. So, what that means is, and you can tell Ben Platt understands they’re leaning forward and he’s used to it. He’s fine with it. But that means he has to speak really quickly. Listen how fast he’s talking. Because he knows they’re fast. They’re on everything he says. There’s no chance for him to slow down, because immediately one or two of them, Bowen or Matt, or both at the same time will go “Yes.” Which as you point out is affirming. They themselves are playing a role of supportive interviewer who wants to play.

So, they don’t just say yes and then ask a question. They also notice the kinds of things he’s saying and then they kind of kick it back and make a little observation, a slightly humorous observation. This is very naturalistic. Count how many times all of them say the word like. A billion. But it’s not dreadful. It’s not caricature. It’s just a natural sort of use of the vernacular like. And they have no problem interrupting each other. Interruption is almost essential to that kind of discussion.

**John:** Yeah. So I think when we’re talking about natural dialogue I think too often we’re assuming it means slow. That it means it’s paced down and it’s very sort of stuff just comes out when it sort of comes out. This is natural dialogue. People are doing kind of what they would naturally do. But it is pretty fast. It’s like it’s Sorkin-level speed. And the conversation they’re having isn’t exactly sort of what you’d expect in an Aaron Sorkin movie. You can imagine having this kind of discussion in an Aaron Sorkin script.

Now, think about what this would actually look like on the page. You wouldn’t have all of those affirmations being put in as dual dialogue or interruptions there along the way. It would be far too much. But you would need to have some indication that people are freely able to speak over each other and that we’re able to process both conversations happening at the same time. This would be a great example of Greta Gerwig’s script where she does the little slashes in the dialogue to indicate where overlaps are supposed to happen.

**Craig:** Right.

**John:** This would be great for that.

**Craig:** Yeah. And it implies a certain kind of direction as well. Because when you are shooting a scene like this, if I’m making a movie and in the movie there’s a scene where Ben Platt, Bowen Yang, and Matt Rogers are discussing how Ben Platt either does or doesn’t go full out on a given performance based on the day, and how he reacts or wants to react when famous people are in the audience, their conversation is so simultaneous and fast and Bowen and Matt are so interactive with Ben. And we understand that the ground rules of their discussion are such that anyone at any point can jump in and talk and not stop the train. You need to shoot it where all three of them are visible.

**John:** Yep.

**Craig:** Because what happens when you’re shooting and there’s only one person on camera you can’t have anyone overlap with them because it won’t cut together with the master shot where they all are. So, it implies, in my mind at least, it implies you want a master shot and you almost – there’s a version of this where you just move the camera slowly around the table. And the camera doesn’t necessarily respond to what anyone is doing. You’re just absorbing the speed and the rhythm of it.

**John:** Yeah. The other option of course here is that you’re shooting multiple cameras at once. You could be on singles on people as long as you were actually doing the same shot.

**Craig:** 100%.

**John:** That’s the other option to sort of get into that situation. But it does feel very – it’s very live, very present. This is rat-a-tat-tat stuff happening here. And the whole show is pitched up at that speed.

**Craig:** Yes. I love the speed of it.

**John:** So here’s a different example. And this one feels a little bit more sitting back rather than leaning forward into the conversation. This is from a podcast called F-Work, But I’m Going to Go. This one is just two women. They have this podcast every week. They’re friends. They’re having a conversation. But let’s take a listen to their clip.

**Female Voice:** I would love to travel and work.

**Female Voice:** I would say I would – I would trade anything to have that life again. Letting the company pay for everything.

**Female Voice:** Everything.

**Female Voice:** On my travel. True. Oh my gosh, like and you just go a couple of seminars, you know. You work with a couple of teams. That’s it. And then after that you’re good. You got a day, a day and a half, or two days to chill.

**Female Voice:** Especially when I used to travel back and forth to Houston like it was just great. Because I’m like [unintelligible], tour the Budweiser facility, I’m going to do this, I’m going to do that. And get to hang out with my friends down there. You can really make places a second home at that point when your job is paying them for—

**Female Voice:** Hey I’m going to be in the city on so-and-so, so-and-so date.

**Female Voice:** Right.

**Female Voice:** And then especially if you know somebody there, you can take that. I could use this little hotel money for some more food and drink. Give me that American Express card.

**Female Voice:** Right.

**Female Voice:** So, yeah.

**Female Voice:** Cash me out.

**Female Voice:** But the people that don’t have that work-life balance, I couldn’t imagine like just the money sacrifice for your mental health. Like does that money, does your pay rate, does your salary sacrifice for you not having a life?

**Female Voice:** But see I’m just trying to think about what millennials that I know that I don’t know have a work-life balance.

**Female Voice:** I don’t know none, but you know it’s some out there.

**Female Voice:** Of course. Of course.

**John:** So, as opposed to the other conversation which felt very leaned forward, this one felt leaned back to me. This feels like people who are comfortable in their chairs having this conversation. So they’re very actively listening, but there’s not that frenzied pitch of sort of like got to get on the next thing, got to get on the next thing. And there’s no hunger to be funny, or to score a point.

**Craig:** Correct. So the difference here contextually is what happens when you’re dealing with a conversation where three people who don’t necessarily know each other are conducting an interview and being hyper engaged or two people who know each other really well. These two women know each other really well. It almost seems like what’s happening is they share a brain. And they’re having thoughts and they’re just alternating which one of them is going to say the shared brain’s thoughts. Because they’re in utter agreement and there’s no inquisition. It’s just a complete commiseration, celebration of agreement. The pace of it slows down because they’re in no rush to kind of impress or keep anyone’s interest, by the way.

They don’t seem to be aware that anybody would be listening. They are literally there for each other. It’s wonderful.

**John:** Yes. But I need to point out this is Episode 404, so this podcast has been going on for a very long time.

**Craig:** There you go.

**John:** Which I think is also great. So they have such a long history. You know, as long a history as you and I do basically. And they know each other so well, so they can sort of anticipate the brain.

Now let’s think about this kind of conversation in your script. And talk about first what they’re talking about. They’re talking about work-life balance. They’re talking about taking business trips. Their conversation is so terrific and specific to sort of what they’re looking for in a business trip and sort of what is important. And how they would describe it versus two other people would describe it versus two other people is what makes these characters’ voices seem distinct and different. So it’s not about, yes, these are two young black women and they have millennial voices. There’s vocal fry. There’s all these sort of like very specific things about the actual audio tone of the language which is so great and worth studying.

But just the words on the page and sort of how they are framing their thoughts about it is what makes their conversation unique and specific.

**Craig:** Yeah. For something like this if I were trying to build a scene with these two women having a conversation about this topic my concentration would be on the woman who is listening. Because the interesting parts in a weird way between these two, at least in terms of their dialogue, is when the moment of agreement and hand-off occurs. “Yes.” I love – I mean, there’s this drawn out thing that happens which is much different than when Bowen and Matt go, “Right,” together. “Right.” This is like, “Yes!” It’s like a relief. You just said something true.

And I love the person listening and it’s like they’re hearing this wonderful – it’s like eating delicious food and then going, “Yes, this is so good.” And now let me talk. And then I want to switch over to the other one. And I would be describing them. And even editorially I would constantly be on the person listening, because that’s where to me at least that’s the fun part of these two is how much they – it’s their agreement. It’s their joy of agreement.

**John:** It’s easy to imagine characters who are like these two women in your story and finding great things for them to talk about. And I sort of like keep wanting to give them stories to hear how they would talk through it and how they would wrestle with a problem. So I kind of want to see them solving mysteries. I want to see them doing stuff because I think they actually have a really cool relationship with each other and it’s exciting to think about how they would talk about the stuff they’re encountering.

**Craig:** There’s something also very comic about agreement. I don’t know why. It’s just funny. When you imagine a scene where someone is explaining something to another person. Maybe they’re in opposition. But they have an ally with them. So they’re delivering a speech. And their ally occasionally goes, “That’s right. Damn straight. Amen. Sure said something there.” And at some point the person is going to turn to them and go, “Would you shut up? Stop agreeing.” Agreeing is funny. I don’t know why. It’s just the notion of just full agreement is amusing to me.

So, when I’m listening to them I have a smile on my face just from how happy they are to agree. And it’s a different kind of, like I said, there is a purity and an intimacy to these two because they don’t have any motives here. They’re not trying to get somebody to open up and inform them or educate them about their process or anything. There’s no guest. It’s just the two of them. It’s lovely.

**John:** We often think about well scenes have to have conflict and if there’s no conflict then there’s no scene. That is still largely true. But the conflict doesn’t have to become between the two characters who are talking in the scene. The conflict can be about what is happening in this situation. A conflict could be an outside party. But like it doesn’t mean that the two characters in any scene have to be directly in conflict. That’s not at all a goal.

Something about their relationship also reminded me about Jon Favreau and Vince Vaughn in Swingers. And like, yes, they have contrasting styles, but they’re also buds and they can hang out. And the ability to hang out with interesting people is something that dialogue should give us.

**Craig:** There’s also the potential for – if we know you have a conflict, right, there may be an instinct to just get to the conflict. Jane shows up and tells Sheila, “I’m angry at you. Here’s why.” But sometimes the best way to introduce conflict is to just have an agreement fest and then suddenly on point seven someone says this and the other woman goes…

There’s a great sketch if you want to talk about dialogue and how much you can do with one word, there’s a great Key and Peele sketch where they play two women and one of them, Key, is going on and on about how she’s done with her man. And Peele is playing her friend. And all she says is, “OK.” And she has a thousand different Okays for like exactly, completely, I totally agree, right, oh that’s so true. And then Key’s character starts to say some things that are a little off and the OK becomes O-kay. And she never says anything else except OK. But there’s I think 50 different Okays. They each mean a different thing. It’s brilliant.

**John:** That’s great. And again in your script that probably is a good example of like a parenthetical where you’re going to have to put what is the actual shading of that OK in the situation.

**Craig:** Yes.

**John:** Yes. Great. Well that was a fun exercise. So let’s maybe try to do this again on some future occasion.

**Craig:** I would love to.

**John:** Because that was lovely to do.

Let’s do some questions. Matt from Massachusetts asks, “As I write a feature screenplay I am periodically trapped up by a vestigial thought from my novel writing days about first person versus third person omniscient perspective. In a novel it’s pretty obvious. But do you ever think about this in terms of screenplays, particularly if they don’t have voiceover? If your main character is in a situation where they can’t possibly know something we have to decide whether or not to become omniscient and share that information with the viewer.”

Craig, what is your thinking about limited perspective and omniscience as you’re coming up with a story? And do you always have a plan from the start, or is it situational?

**Craig:** It’s situational. So you make choices about perspective all the time. And I think we’ve done, certainly we’ve done at least an episode about perspective as a specific tool in our tool belt. You want to know from whose perspective and there are choices. It’s either from a character’s perspective or it is from the omniscient camera’s perspective. And if it’s from the camera’s perspective the point is we’re going to see something that the people don’t. Or, that we are seeing something that is a shared perspective by a lot of people. A crowd scene for instance.

So, you want to choose those moments carefully. Typically the kind of omniscient we’re going to see something but nobody else will, it’s the bailiwick of mysteries, thrillers, twisty kind of things. They are associated with the dum-dum-dum kind of sound in your head. And it needs to be used carefully I think. A little goes a long way.

**John:** My daughter has started watching Criminal Intent. Not, Criminal Intent. She’s started watching one of the CBS procedurals that’s been on for like 20 years. And so she’s watching an episode from the first season and I was so surprised because it opens with this scene that’s from the point of view from none of the actual main characters of the show. And it basically shows the crime but hides who the killer was in the crime. And then the rest of the episode is trying to figure out who the killer was. And it’s just not a format that I’m used to at all. But it was a very common format for a long time in procedurals.

So, I agree with Craig that you’re going to be making choices based on the situation you’re going to find yourself in and sort of whether it’s going to be most effective for us as the audience to have information that the protagonist doesn’t have. You’re also going to make some fundamental choices about how your story is told. And so this thing I was writing the treatment on I had to very explicitly from the start say we are not cutting away to this villain’s point of view. This is not going to be a movie where we ever see what the villain is doing independent of the hero.

**Craig:** And you’re allowed to set those ground rules. Just know that if you are going to make a point of saying here’s a thing that someone doesn’t know but now I’m telling it to you, it will always threaten artifice. It disrupts our verisimilitude. Because life doesn’t work that way.

In life we have a perspective. It’s through our two eyes. That’s what we get. So, it’s a little artificial. It can be wonderful. It can also be slightly cheaty. It’s one of those things.

**John:** Yeah. 1917 which was a great movie from this past year had incredibly limited POV where you only follow those guys as they’re walking through the trenches and doing everything. That’s an extreme example. But Parasite also does limited POV. And it could have cutaway to any of those character’s perspective on what they thought was going on. And director and writers really figured out what would be the most effective way to tell their specific story.

**Craig:** Exactly. All right. MJ writes, “Last year I made it to the second round of Austin Film Festival.” I assume that’s the screenwriting contest portion of that. “And after receiving the feedback and making changes I felt that my script was ready to submit to my company as a prospective buyer.” Hmm, they have their own company? Maybe they mean another company. “After reading the submission agreement, which they make every submitter sign, I became wary of signing it. My fiancé’s dad is a lawyer. And he said he became unhinged after reading the agreement. There’s one section in particular that concerns us.” And I think what MJ is saying is this is the agreement with the Austin Film Festival? I don’t know. Or with the company?

**John:** So he’s submitting it to a company it looks like. And so the submission agreement had some clauses in it.

**Craig:** OK. So their submission agreement is the problem. “Section five in short states that any damages awarded through arbitration shall not exceed $10,000 for film or $40,000 for television series. I have two questions regarding this. One, is this sort of agreement common? Two, what’s the likelihood that I could be screwed over by signing something like this?”

John? You have a law degree. I mean—[laughs]

**John:** As a lawyer…so what I will say is from other folks that I’ve talked to, some places do have you sign submission agreements. They’re not absolutely all that uncommon. I’m not particularly freaked out by this. I think if you’re approaching everything from a defensive posture like oh my god they’re going to steal my stuff and take my work and it’s all going to be a disaster, you’re not going to have a very good, happy time in this industry.

So, submission agreements are there because the company is trying to protect themselves from claims that someone stole – that their movie was stolen. This blockbuster was actually based on this thing that I sent into the company. So that’s why companies have submission agreements. Studios have them. Other places have them. I’m not actually not worried about it.

But I would ask is the place you’re submitting to have they made movies? Have they actually done things that are out there in the world? If it’s just some person you’ve never heard of, then I don’t know that it’s worth signing any submission agreement because I’m not sure that they’re worth anything at all.

**Craig:** Yeah. And behind all this there is a legal concept called adhesion contract. And adhesion contract, it sort of describes a lot of the sort of boilerplate that we are confronted with all the time. For instance, terms of use. We’re constantly signing terms of use that we do not read. And adhesion contract is basically boilerplate language that has been defined by one party. It’s usually a party that is bigger and stronger. And is set up as a kind of hard and fast and unnegotiable gate through which a kind of lesser powerful party has to go through. You don’t have a choice. Sign this or piss off.

And when you do have an adhesion contract there is a possibility that a court – let’s say this company did somehow do something damaging to you then a court would say, yeah, the fact that this poor writer had to sign your dumb agreement does not mean that it’s actually enforceable to the extent that you wish it would be.

That’s something that a lawyer would have to go through. And it’s not anything I think that anybody could ever count on. But just be aware that that is a concept in law. So, we’re held I guess to the standards of these boilerplate definitions maybe not quite as strongly as we think we are.

**John:** Yeah. So I think I’m speaking for both of us saying I’m not especially worried about this thing, but just any place you’re sending this to just keep an eye out for are they really a reputable place.

**Craig:** Yeah. Exactly. And, I mean, just remember that some of these things are signs of who they are. You know? Are they worried that people are going to be suing – have other people sued them? Is that why this is in there? Because they’ve…

By and large, again, you know, our position is people aren’t really actively ripping other people off actively. But there are a lot of bad actors in the world who do fuzzy – that gray area stuff. That’s where it gets gross. And if they’re all wired up on avoiding lawsuits and going to arbitration and limiting damages it makes me wonder why. So, anyway, something – food for thought.

**John:** Food for thought. Justin in Pasadena writes, “If a writers strike does end up happening, what advice can you give to us non-WGA writers? Are there any unique opportunities we should know about? Or might there be some workarounds we should use to our advantage? And, of course, how can we not step on any toes in the process?”

So prefacing all of this by saying we can talk through hypotheticals about a writers strike, but there’s nothing saying that’s going to happen. But Craig you and I were both around in the 2008 strike and I remember we both interacted with some folks who were not WGA members who were coming out to the picket lines and stuff like that, too. So, let’s talk through at least what we remember from the 2007-2008 strike.

**Craig:** Sure. Well, just as a matter of law, if you’re not a member of the Writers Guild, and the Writers Guild is on strike, that means there’s no current contract between the companies and the union. And you can certainly legally work for them. There used to be a thing, and maybe it’s still there, when you apply for a membership to the Writers Guild it says, “Did you work during the strike?” And you’re supposed to say “yeah I did” if you did. And then they in theory could kind of imply that you can never be a member here, but they’re actually not allowed to do that at all. I remember that came up in a boardroom discussion.

But that’s the legal reality. The ethical reality is, you know, the world does not look kindly on replacement players. Because what you’re doing is making it harder for the union to end the strike and ideally to end the strike in favor of the union that you want to want to be part of. Because one thing is for sure, Justin. The strike will end. And when it ends then you’re going to want to be part of that union. And you’re going to want to be part of a union that has made the best possible deal for its members. So, the question is were you making that easier or harder to do by taking this replacement writer job?

And also what do you think the companies are going to be paying you? Do they think they’re going to be paying you union stuff? You’re not going to be getting pension. You’re not going to be getting health. You’re not going to be getting residuals. You’re not going to be getting credit protections. So, do you want to know how to not step on any toes in the process, don’t take those jobs.

**John:** Yeah. Don’t take those jobs. I would also say back in 2008 it was sort of hard to find screenwriters and actually talk with them. And so one of the nice things about picketing, maybe the only nice thing about picketing is you got to meet a lot of other people. And so I got to meet a lot of other writers who I’d only sort of seen their credits. But I also got to meet a lot of writers who were not yet WGA members who’d come out at Paramount at 6:30 in the morning when I was picketing there. And I would talk to them as we walked in small circles. And some of them have gone on to become brand name writers in this industry.

So, it was a chance to be out there and talk with folks. But that was 2008. This is not 2008. I mean, there’s so many more opportunities to meet writers in person.

**Craig:** Way more.

**John:** Now than there ever were before. So that’s not a good cause for a work stoppage. Hopefully the situation will not come up at all, but if it were to come up I agree with Craig. You’re doing yourself and no one any favors by looking at this as an opportunity for you to advance your career.

**Craig:** Yeah, it’s pretty shortsighted. I have a side question. I mean, what is the value of the actual act of picketing for us? I’ve always wondered this. Traditionally the point of a picket line would be to picket the institution you were striking against. A factory. A hospital. A hotel. And then if scabs were coming into work they would have to go through the picket line and the people picketing would go “boo” and shame them. But just make it hard for other unions – so a lot of unions, we’re respecting the picket line. We’re not going through. We don’t really have that ability. It’s not like the trucks stopped rolling into these lots, or anybody else stopped rolling into the lots. We wouldn’t even picket every single thing.

In our circumstance, isn’t the best tool we have to just not work? I’m just curious. What do we get from the picketing other than the kind of meeting other writers and getting exercise, which for us honestly as a group super important?

**John:** I would say, top of my head I would say visibility just to make it clear that this is an actual thing that’s happened. Something that news cameras can point out is kind of useful. A reminder that a thing is actually happening so that people who work inside a studio on a daily basis can see like, oh that’s right, this is actually a thing that’s happening, even if they’re not in a development role. If they’re an accountant they say like, ah, this is a thing that’s happening. So that the president of the studio has to drive past that picket line every day is not probably a great thing for them.

But I think there’s also an aspect of solidarity and just sort of – because what is different about a person who is working on a factory line is that they see their coworkers every day. Screenwriters don’t see each other every day. I mean, TV writers do see each other every day. And so there is probably a solidarity and we’re all in this together thing which is I’m guessing important about picketing classically. But I think it’s fair to ask. This is a different time now than 20 years ago. Things do change.

**Craig:** Yeah. I’m just kind of curious if there’s some other less industrial revolution way of doing this. Because I don’t perceive that in the 2007-2008 strike that the act of picketing itself had a dramatic impact on what we did. I could be wildly wrong on that. There’s a certain performative aspect to it that I’m just wondering. Like is there something better? I guess really I’m not saying don’t do something, but rather is there a better version or a more impactful modern version?

**John:** If you have thoughts about that as listeners you can write in and tell us what you think.

**Craig:** Neo-picketing. What would it look like?

**John:** All right. It is time for our One Cool Things. My One Cool Thing is this website called Travel Time. And so often with Google Maps and other things you can figure out how long it will take you to get from point A to point B. So like from my house to Disney, how long will it take for me to get there as I’m getting my picketing sign ready to march there? This is the opposite of that. So this basically says given a certain amount of time from a certain location how far could you get. This is based on usual traffic or how transit lines work. And it’s really fascinating to look at different cities and say like, OK, from the center of London in one hour I can get through to basically anywhere in London. Center of Los Angeles, how far can I get to somewhere in the Los Angeles region? And it’s disappointingly small in number.

**Craig:** Well, I would love to see how far you can get in London in one hour, because I feel like there was one point where I think I went three blocks in an hour.

**John:** Oh, certainly not driving. But like through the Tube and other ways.

**Craig:** Through the Tube, yes. Or walking even, yeah.

**John:** Yeah. Walking. So it’s an interesting way of comparing cities and sort of the choices cities have made. Also just how geography sometimes constrains the ability of cities to function certain ways.

**Craig:** That sounds excellent. I love any tool that makes traveling easier. I have to travel a lot more than I ever thought I would. And so I’ve become like super fussy about making it easier for myself.

My One Cool Thing is another person. So I think two weeks in a row that my One Cool Thing is a person. And this is slightly political. Not even slightly. It’s completely political. My One Cool Thing this week is a man named Mark Kelly. Mark Kelly is running for the Senate in Arizona. He’s the Democratic Party candidate for the Senate in Arizona. This is going to be a special election because of the death of John McCain. So when John McCain died the Governor of Arizona appointed Republican Martha McSally who is not good.

And so Mark Kelly is running. Mark Kelly, I’ve met him, he is fascinating. He is a former astronaut. And he is a combat veteran as well with the navy. And he is also the husband of Gabby Giffords, who was the former congresswoman from Arizona until she was shot by a deranged gunman. And, you know, went through traumatic brain injury. And he’s had one hell of a life.

And he is just a remarkably decent guy and kind of a reminder that there are still these wonderfully principled people who have dedicated their lives to this country. And who have also suffered personally because of the way some of our laws work in this country and have not given up. If anything else they have tripled down and said I want to fix it. And sometimes there are days when I think I don’t want to be here anymore. [laughs] And then I look at – and I talk to a guy like Mark Kelly who says of course you do. And we fix it. That’s what we do.

So my One Cool Thing this week is Mark Kelly. And, of course, if you want to – he doesn’t do PACs or anything like that. He’s just taking personal donations. So if you want to donate to him just look up I think – what’s the website? Think Blue? Act Blue?

**John:** Act Blue.

**Craig:** Act Blue. Think Blue is the Dodgers slogan. Sorry. Act Blue is the header organization that collects individual donations for democratic candidates. And you can Google up Mark Kelly and find his Act Blue site and make a donation if you so desire.

**John:** Fantastic. We’ll have a link in the show notes to that as well. Stick around after the credits because we will be talking much more politics. But for now, Scriptnotes is produced by Megana Rao with production assistance this week by Stuart Friedel and Dustin Bocks. It was edited by Matthew Chilelli. Our outro this week is again by James Launch and Jim Bond.

If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For short questions on Twitter, Craig is @clmazin. I am @johnaugust.

You can find the show notes for this episode and all episodes at johnaugust.com. In those show notes you’ll have the links to all the clips that we used. Thank you to the people who put that stuff online. That’s great. It helps us figure out how people talk in real life.

You’ll find the transcript for this episode and all episodes at johnaugust.com. We get them usually within the week the episode airs. And remember you can sign up to become a Premium member of Scriptnotes at Scriptnotes.net. That gets you all the back episodes and the bonus segments like the one we’re going to do right now. Craig, thanks for a fun show.

**Craig:** Thank you, John.

[Bonus segment]

**John:** Craig, more politics.

**Craig:** Oh goodie.

**John:** Oh goodie. Good stuff. So, here’s a thing that I’ve been doing recently, and I think this was a suggestion from Jon Lovett on Pod Save America. Is when someone says, “Oh, you know Trump is going to get reelected,” the response should be what are you doing today to stop that.

**Craig:** Love that.

**John:** Basically to throw that back at it. So, on my daily to do list I have this sort of quarter sheet that I use as my to-do list of what I’m going to do every day. And at breakfast I fill it out. I have a new entry in there and it’s Defeat Trump. And every day I have to do something that will actually advance that goal. And so generally it is donating to political candidates, but sometimes it’s actually reading up about things. It’s filling out my California ballot. It’s researching sort of who I want in certain offices. So, I’m trying to do something every day to make sure that I don’t wake up a year from now in an actual fascist nation.

**Craig:** Well I think that’s a great plan. Have you considered somehow destroying the orange makeup factory? How deep do you go?

Yes, I also do not want to – look, I think we are actually every day waking up in a country that is – I’m not going to be an alarmist and say that we are currently living in a fascist state. But we are living in something that is in between what we were and a fascist state.

**John:** Yeah. It’s trending in a bad direction.

**Craig:** Oh yeah. And particularly this latest thing. I mean, the wall between the Justice Department and the White House has always been a kind of necessary check and balance to power. It’s gone. That is terrifying. And the rule of law is breaking down. And one of the reasons why it’s just as important to me that if you have to put all your money on one bet, and it’s a proposition bet, yes or no, you’re always going to be incurring a lot of risk, even if the odds are in your favor you’re incurring risk. So, if the big bet is get rid of Trump that is incurring risk that you will fail.

What you do to hedge that is actively support people who are running for the Senate in particular. I don’t think the makeup of the House of Representatives is going to change dramatically. I think if anything it will even get better, I hope, in terms of people who are opposed to Trump. If the Senate can swing over and be opposed to Trump that is a big deal. Then it is a different situation. It is a wildly different situation.

So, I’m working on that as well. But I think that you’re right. People who sit there and go, “Well you know…” Look, no. Because, OK, fine, then what are we supposed to do? Just curl up and die? I mean, you fight. You rage, rage against the dying of the light.

**John:** Yes. I think back to the special episode we recorded right after Trump was elected called Everything is Going to be OK.

**Craig:** Is it? Were we right?

**John:** But here’s what I’ll say. The fear I was feeling at that moment was so intense. And I sort of thought we would get to this place that we’re at right now. I thought we would get there within a few weeks. And so I guess I was surprised that it’s actually taken this long to do it and the sort of level of incompetence with evil is sort of what’s taken so long to do that.

**Craig:** Correct.

**John:** That Stephen Miller didn’t know how to do all the terrible things he wanted to do so clearly.

**Craig:** Ted Cruz would have done way more damage by now.

**John:** Oh yeah. Absolutely. So I can take some comfort in that and also in the great successes that happened in the 2018 elections where you saw like, oh, people will actually show up and vote the smart people in. So that gives me a lot of hope.

What’s been frustrating I would say, especially the last three weeks, is looking at the Democratic primaries and the degree to which the people who should be most outraged about what’s happening, the Justice Department things, are directing all of their vitriol at Democratic candidates, which is ridiculous and pointless.

**Craig:** So stupid.

**John:** Let me stipulate, the Democratic nominee is very likely going to be Jewish, gay, or a woman.

**Craig:** Good lord.

**John:** Almost a guarantee. Unless Biden somehow magically pulls out, it’s going to be one of those three things.

**Craig:** That’s awesome.

**John:** But it’s true though, right?

**Craig:** Yeah, it does seem – well, the one thing I will say–

**John:** Oh, Bloomberg.

**Craig:** Yeah. And Biden, we are pretty early. So we’re going to run into these other states. We don’t know.

**John:** Or it’s going to either be–

**Craig:** Old.

**John:** It’s either going to be Jewish, gay, woman, or it’s going to be Joe Biden.

**Craig:** Yes. Correct.

**John:** So we have to be prepared for those scenarios. And in preparing for those scenarios let’s be more mindful about the things we are saying about those groups and Joe Biden, because that may be who we are running. So you and I recorded a segment we actually snipped out of the show because it was just goodbye mentions where I ranted about sort of the homophobia and sort of antigay stuff I was seeing being directed towards Pete Buttigieg which was really happening. And I was so frustrated that it was from these people who claim to be giant liberal supporters and that I wasn’t seeing it being called out.

You could say the same about the sexism. You could say the same about anti-Bidenism. Whatever you want to call that.

**Craig:** Antisemitism appears to be missing, which is I guess good? I mean, it is good. Of course it’s good. It’s just kind of curious.

**John:** If we end up with Sanders as the nominee–

**Craig:** Then it will come roaring back.

**John:** It’ll come roaring back and it’s going to be harder to claim the moral high ground when you went after the gay guy fine, you went after the woman fine. So, let’s just, I mean, let’s all be better.

**Craig:** I know. I’m bracing for that. I never forget like how – well, I do. Sometimes I forget. And then America reminds me how many people in America just hate Jewish people and believe that they’re some sort of weird devils in charge of everything. And so I’m bracing for that. If Bernie Sanders is the nominee I just feel like oh boy here we go. Which is a very – you know, it’s a pretty Jewish thing of me think. It’s the way we are.

But, I have been so just – I guess like a dum-dum, just simply focused on doing what needs to be done to get rid of Trump, and I’m happy to make positive arguments, and I could I think make positive arguments for all of those candidates. Maybe not Mike Bloomberg. But all the other ones. But the idea of tearing any of them down right now seems virtually insane.

**John:** Yeah. It does.

**Craig:** What? What? I mean, love who you love. It’s a little bit like my attitude towards movies and television. Like I talk about the things that I love because I think that’s where you actually get the most information. I mean, when they attack each other I feel sick right now, truly sick, in a way I never did before because I just think like, no, we can’t – we can’t. My god.

**John:** We can’t slice each other up over really what are minor differences in what we’re trying to do. The idea that this candidate who is not as progressive or this candidate who is more progressive is going to destroy everything if they become elected is a tremendous fallacy. And so dangerous and so feeds into exactly what the disinformation campaigns are hoping for, where you can’t even tell who are the bots and who are the people who just aren’t thinking this through very well.

**Craig:** Yeah. And, look, we know that social media is designed to amplify the extremes. It’s just what it does. Because the only way to rise above a kind of large averaged point of view is to be extreme. And then by getting amplified the extremes begin to pull more people to the extremes.

You want to know who I want to vote for? Whoever is running against Donald Trump.

**John:** 100%.

**Craig:** That’s who I want to vote for.

**John:** And I do like that the candidates will repeatedly say that. They’ll say after each primary they’ll say of course we’re going to support whoever. That’s great. But I think it’s also a good moment to call out like and don’t be assholes to everyone else online because we need everybody here and we need to all be rowing in the same direction.

**Craig:** All hands on deck. All hands on deck. And, look, do I have a preference right now? I mean, I have some. Because, look, California we don’t have to vote just yet. So, I’ve been thinking about it because I don’t feel a great need to decide in this moment right now and commit to a team and be Team Blank or Team Blank. I’m just thinking about it and reading. And that’s how that’s going to go. But I will say that the argument that we have to vote for A or you cannot vote for B because they can’t beat Trump is horseshit.

**John:** Yep.

**Craig:** Every single one of these candidates can beat Donald Trump. Every single one of them. I believe that at the bottom of my heart. Anybody that says Bernie Sanders can’t beat Donald Trump is nuts. And anybody that says that Pete Buttigieg can’t beat Donald Trump is nuts. And the same for Amy Klobuchar and the same for Joe Biden. And by the way, the same even for Mike Bloomberg. Honestly I do believe that in the end what’s going to happen is the great majority of people are going to be voting against Donald Trump.

**John:** Yep. It has to happen.

**Craig:** Let’s not cripple our candidate before they get in there. Let’s not hobble them, you know.

**John:** Yeah. So let’s look at these as competitors for that spot, but not as opponents. Not as villains. We are trying to pick who it is that we think can run this race the best. But that does not mean that we are going to cede any ground to the person who is already in that office.

**Craig:** Yeah. I mean, look, I think that because I believe that all of them are capable of beating Donald Trump, then I can also actually then I who would I like to be president of these people. Who would be my preferred candidate? And there are all sorts of reasons to say one or the other. But my god the thought of going out there and saying something cruel about another one of these candidates, I mean, at times I lose my patience with the supporters of a certain candidate because they just are, you know, a handful.

**John:** Yeah.

**Craig:** But that’s not going to translate to me tearing that candidate down.

**John:** 100%. And I will knock on doors for whoever that person is who is running against Donald Trump.

**Craig:** Yeah. Absolutely. I will donate the maximum amount that I can as an individual. I presume that my wife will as well. And, yeah, I’ll knock on doors and I’ll do what I have to do. I think we’ll all just line up. I mean, that’s the thing. We have to line up and do what needs to be done. And accept that there is no perfect answer. There’s just a better answer. So can we please just choose our better answer with respect for each other and advocate as hard as we can? And I could be wrong, but again with the exception of Mayor Bloomberg who I’m a little concerned about, which is fair, I’m allowed to be concerned, I don’t think that any of the candidates pose an existential threat in the way that Donald Trump does to everyone. But particularly Donald Trump poses an existential threat to immigrants, to people of color, to trans people. Generally to LGBTQ people, I think. And to journalists. And to the law.

Now, what else do I need to say?

**John:** To the notion of democracy. Yes.

**Craig:** Correct. To our existence. It is an existential threat to us and our standing in the world and our place in the world and our future. And in the end – oh, I forgot the biggest one – to our ability to live on this planet.

**John:** Yeah.

**Craig:** Because he is not helping solve the coming climate crisis. He’s like how can we speed it up.

**John:** Yep.

**Craig:** So really we’re going to tear down any of these candidates while we’re – here comes a car. The car is about to hit you. Who would you like to stop that person in the car? Only this person, no one else.

**John:** No one else.

**Craig:** OK. So what if that person, you don’t get that person? Then I’m getting run over. O-kay. Cool. Cool man. Cool. Good for you.

**John:** Good plan. Craig, thanks.

**Craig:** Thanks John.

**John:** Bye.

* [Victory for both partnered Irish election opponents](https://www.theguardian.com/world/2020/feb/10/irish-election-couple-who-ran-against-each-other-social-democrats-fianna-fail-both-get-elected) we discussed in [episode 436](https://johnaugust.com/2020/political-movies)
* [Scriptnotes, episode 241](https://johnaugust.com/2016/fan-fiction-and-ghost-taxis), in which John predicts Parasite
* [Assistants’ Advice to Showrunners](https://johnaugust.com/2020/assistants-advice-to-showrunners)
* [Mythic Quest](https://tv.apple.com/us/show/mythic-quest-ravens-banquet/umc.cmc.1nfdfd5zlk05fo1bwwetzldy3) on Apple TV+
* [California Penal Code 632](https://www.wklaw.com/practice-areas/eavesdropping-penal-code-section-632/) and the legality of eavesdropping
* [Scriptnotes, episode 433](https://johnaugust.com/2020/the-one-with-greta-gerwig) with Greta Gerwig
* [Appalachian English](https://www.youtube.com/watch?v=03iwAY4KlIU&feature=youtu.be) from Mountain Talk
* The Austin History Center’s [accounts from visitors](https://soundcloud.com/austinhistorycenter/ahc-3303-klempner-cindy) and an [interview with architect Tom Hatch](https://soundcloud.com/austinhistorycenter/ahc-3341-hatch-tom-20180502a-clip2)
* Ben Platt on [Las Culturistas with Matt Rogers and Bowen Yang](https://www.stitcher.com/podcast/las-culturistas/e/65248782?autoplay=true)
* [Fck Work But Ima Go, episode 404](https://anchor.fm/fckworkpodcast/episodes/Ep–404—Is-You-Gone-Help-or-Micromanage-eao8pe/a-a1ebg8f)
* Key & Peele’s [OK (uncensored)](https://www.youtube.com/watch?v=0pufATqebv8)
* [Scriptnotes, episode 45](https://johnaugust.com/2012/setting-perspective-and-terrible-numbers), in which we discuss perspective
* [Adhesion contracts](https://www.law.cornell.edu/wex/adhesion_contract_(contract_of_adhesion))
* [Travel Time](https://app.traveltimeplatform.com/search/0_lat=34.05513&0_lng=-118.25703&0_title=Los%20Angeles%2C%20CA%2C%20USA&0_tt=90)
* [Mark Kelly](https://markkelly.com/) is running for Senate in Arizona
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by James Llonch ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/438standard.mp3).

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