Berks County Bar Association The Berks Barrister Spring 2018 - 25

Section 1. All persons born or naturalized in the United States, and subject

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to the jurisdiction thereof, are citizens of the United States and of the state
wherein they reside. No state shall make or enforce any law which shall

WHAT IF THEY MADE
A MOVIE ABOUT YOU?

abridge the privileges or immunities of citizens of the United States; nor shall

any state deprive any person of life, liberty, or property, without due process

of law; nor deny to any person within its jurisdiction the equal protection of
the laws.

I

really enjoy watching movies, or films
if my more pretentious side should
assert itself. That enjoyment for me is
enhanced if I see a film-sorry, I couldn't
resist-in a theatre. Despite the fact
that I can watch recent releases and even
some movies still showing in theatres
in the comfort of my home, I prefer the
theatre experience for two reasons: I love
popcorn, and the popcorn is better there
than that I have at home. In fact, I like
theatre popcorn so much that I have gone
out to see more than a few movies simply
because I wanted to eat popcorn; if the
movie proved enjoyable too, all the better.
And let us not speak of popcorn with
melted butter, and salt...Alright, I'm back.
Viewing a movie in a theatre, despite
its gustatory advantages, however, can
present distractions that go beyond the
constant munching. In crowded theatres,
sitting elbow-to-elbow with people who
talk, or who indulge a hacking cough,
can be not only distracting, but also
quite irritating. Conversely, sitting in
a relatively empty theatre can also be
discomfiting; be honest, have you ever
thought that there was an attacker sitting

By John J. Duffy, III, Esquire

in the row behind you in an otherwiseempty movie house?
Please permit me to explain why I
am baring herein my proverbial movieviewing soul. Some time ago, the
esteemed executive director of the Berks
County Bar Association asked me to
write movie-he's not at all pretentious
so he would never use that other term-
reviews of two films: Marshall, and
Roman J. Israel, Esq. Due partially to
reasons that should by now be clear to
you, I had hoped to see both films in the
theatre. Alas, this was not to be, and I
was forced to view them at home, and
without popcorn. These developments
proved to be salutary in that I was able to
concentrate on the matters at hand, and
not in hand, with little, if any, distraction.
These films proved worthy of such
attention.
Each film focuses on an attorney
quite actively and intensively involved in
the practice of criminal law; individuals
affected by the work of these attorneys;
and the legal profession, generally.
However, it is certainly not necessary
for a viewer of these films to be a lawyer

in order to be challenged by issues and
questions presented by these films, since
the fundamental issues and questions so
presented are applicable to anyone in any
legitimate occupation and endeavor. In
the remaining paragraphs, I intend to
share various themes that I saw in each
of these films, and to suggest themes
common to both. I hope that my
efforts in these regards aid the reader in
responding to the hypothetical that serves
as the title of this article.
Marshall tells the story of the trial
of Joseph Spell in Connecticut. Spell,
a black man, played by Sterling K.
Brown, was accused of raping a white
socialite, Eleanor Strubing, played
by Kate Hudson, in December 1940.
Thurgood Marshall, portrayed effectively
by Chadwick Boseman, was sent by the
NAACP to represent Spell. A local
attorney, Sam Friedman, who was said to
practice insurance-related law, was cajoled
into agreeing to move Marshall's pro hac
vice motion so that he could represent
Spell in the Connecticut criminal trial.
Marshall spent much of his career
with the NAACP Legal Defense and
Continued on page 26
Spring 2018 | 25
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