The Bonfire of the Vanities

(1990)   Tags: Warner Bros.

Amato v. Wilentz

Acting as administrator of the New Jersey judicial system, New Jersey Supreme Court Chief Justice Robert N. Wilentz refused to allow Warner Brothers to use several New Jersey courthouses to film a scene for the movie “Bonfire of the Vanities.” The Chief Justice based his decision on the ground that the scene (which depicted African-Americans rioting in a courtroom against a perceived judicial injustice) offensively stereotyped blacks and might undermine their “already vulnerable” confidence in the state judiciary. One of the courthouses to which Warner Brothers specifically sought access was the old Essex County Courthouse in Newark, New Jersey. To induce Essex County to consent to the use of the courthouse, Warner Brothers had offered to donate $250,000 to the Courthouse Restoration Fund.

Faced with the threat of an injunction against filming in the Essex County Courthouse, Warner Brothers proceeded to shoot the scene elsewhere. Essex County and County Executive Nicholas R. Amato thereupon brought suit in the district court for the District of New Jersey against Chief Justice Wilentz individually and in his official capacity as administrator of the New Jersey judiciary. The County claimed that Chief Justice Wilentz violated Warner Brothers’ First Amendment rights and caused the County to lose $250,000 in revenue. The County sought damages, declaratory relief, and attorneys’ fees.

Judgment: We hold that Essex County and its county executive lack third party standing to sue for harm caused by Chief Justice Wilentz’s alleged violation of the First Amendment rights of Warner Brothers. Because that holding applies to all claims in the plaintiffs’ complaint, we will vacate both the judgment of the district court with respect to the merits and its order for attorneys’ fees, and we will direct the district court to dismiss the complaint. Costs will be taxed against County Executive Amato and the County of Essex.