Yoko Ono reportedly has won an injunction against Expelled. The movie can continue to be shown in theaters that already have it, but (quoting Ed Brayton)
no new prints can be sent out and they cannot distribute DVDs of the movie at least until they hold a hearing on a further injunction on May 19.
The injunction is being celebrated across the blogosphere by supporters of science and science education. I’m not sure I’m with Yoko on this one, though.
What’s at stake is the scope of “Fair Use” under copyright law. The film’s producers are being defended against Yoko Ono’s lawsuit by the Fair Use Project of Stanford:
The Fair Use Project of Stanford Law School’s Center for Internet and Society today announced that it is signing on to defend Premise Media’s right to use a clip of John Lennon’s song “Imagine” in its documentary, “Expelled: No Intelligence Allowed,”
As Justice Louis Brandeis wrote in Whitney v. California (1927):
If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the process of education, the remedy to be applied is more speech, not enforced silence.
“Enforced silence” is not the answer. The fact that so many people cannot see through the many falsehoods and illogic of this movie demonstrates the failure of science education in this country. The answer is effective public education — not “enforced science,” which is at best an oxymoron.
Click here for more on this blog re: Expelled.