Warner Bro’s still on Track to Release The Flash, Starring a Controversial Actor: Why?
Skyler Wahlberg
This year’s Super Bowl commercial for The Flash left fans stunned to see Ezra Miller, a controversial actor, reprising the role of Berry Allen. Will people engineer a boycott? Should Warner Bros release it “as is” or refilm the movie? As opinions continue to circulate, the future of this movie in the next couple of months remains uncertain.
Warner Bros first cast Ezra Miller (they/them), a non-binary American actor, in 2015. Before all their scandals, they played the Flash in Justice League (Snyder). They gained fame through their part, Credence Barebone, in Fantastic Beasts and Where to Find Them (Yates) and the second movie in 2019. Miller then filmed The Flash (Muschietti) from April through October 2021, which is set to be released on June 16, 2023. If you haven’t heard of any of Ezra Millers’ scandals, let’s catch you up.
April 2020- Miller was videotaped choking a woman outside a bar in Iceland and throwing her to the ground. No investigation was completed despite shock and disdain on social media.
January 2022- They videotaped a cryptic message threatening violence toward the North Carolina Ku Klux Klan. On Instagram, they aggressively taunted by saying, “Look, if y’all want to die, I suggest just killing yourselves with your own guns, okay? Otherwise, keep doing exactly what you’re doing right now — and you know what I’m talking about — and then, you know, we’ll do it for you if that’s what you want.” Their precise references are still in question.
March 2022- Miller was arrested in Hawaii for disorderly conduct and harassment. They were also arrested on a second-degree assault charge when throwing a chair at a woman. Then, a Vermont couple filed a restraining order against Miller as they broke into their bedroom at night and threatened to kill the couple. Miller stole their social security cards, bank cards, and drivers licenses.
May 2022- Artists Oliver Ignatious and Ghais Guevara accused Miller of stealing their music and posting it on social media without any credits before it was released. They plan to pursue legal charges.
June 2022- Miller was accused of grooming and manipulating their own attorney’s 12-year-old daughter. They also have a restraining order against them from a mother in Massachusetts, who said that Ezra had “menaced their family one evening in their downstairs neighbors’ home and acted inappropriately towards the minor.”
August 2022- Miller had broken into a home and stolen multiple bottles of alcohol. Ezra Miller also apologized to DC Comics and Warner Bros in August for their wrongdoings and stated they are going to seek psychological help.
See here for additional information on all of their scandals:
Despite the legal controversies surrounding Miller, Warner Bros is still on track to release The Flash this year. Before boycotting the movie or sending a tweet about it, there are multiple behind-the-scenes justifications to continue as planned. For starters, Warner Bros is in 50 billion dollars of debt due to the cost of their films, TV shows, and new partnership with AT&T (Ng). To recoup their initial investment, the studio needs revenue from the movie, which had a budget of $200 million. Around 41% of the United States population enjoy DC comics and any profit from this film will help them work their way out of debt (Watson). However, they have yet to address this issue, leading many to believe they support Miller. “Silence is not an option, at a certain moment choosing to say nothing, you are communicating a message,” said Evan Nierman, CEO of Crisis PR firm Red Banyan (Fleming). Warner Bros must be careful about their public image. If the company can present a neutral stand and hold Miller accountable, they can proceed as planned with the movie's release.
Why can’t they just not release the movie?
Sales revenue from a movie is distributed broadly, depending on agreements and contracts. We can’t know exactly where the money will go until after the movie is released, yet there are people depending on the sales. The money goes into production costs, including the salary of the cast and crew. It’s unfair for these people to lose their anticipated income due to Miller. Another main portion of sales goes to investors. They usually earn a percentage of the profits, depending on how much they invested initially (Fabrikant). There is the potential that an investor will sue the company if they do not release the movie. Given the high stakes involved, Warner Bros can not afford to discard a 200 million dollar movie.
But what about Ezra Miller?
Warner Bros is stuck in a catch-22, where either choice is tricky. On the one hand, release the movie and honor the hundreds of people who worked on it but get backlash from fans. Or not release the film because of the controversy around Miller to take a stand against his behavior and preserve their respectability as a company. Yet, this would mean letting go of people counting on the post-production pay. The solution lies somewhere between morality and profitability. Although Miller has gone to Warner Bros and apologized for their actions, a lot of fans agree that the apology does not absolve them of responsibility for their actions, nor does it justify keeping Miller in the leading role (Wootton).
Warner Bros and DC Comics should pursue legal action against Ezra Miller and withhold their pay from the sales, using the original contacts’ morality clause. The morality clause states that Warner Bros may terminate their actors, filmmakers, or other staff when said person engages in behaviors that are deemed immoral. They may fire someone if that person harms the company’s reputation, such as engaging in criminal activity (Harvard). While this could help to mitigate potential backlash from fans and protect them legally, it could also be a complicated process. Most contracts with behavior clauses need to be evaluated by an attorney to determine if the actor breached the clause and if there is sufficient evidence to terminate the employment contract. They can either acknowledge their responsibility or try to fight it, citing their apology to the company. Given the complexity, Warner Bros might want to refrain from spending the money to file this lawsuit; however, not punishing Miller could exasperate fans further. Releasing the movie as planned may be the most viable option, even though it’s likely Miller’s legal controversies will continue to impact the film’s profitability margins.
Ezra Miller is a controversial actor who has damaged their own reputation and that of their employer, Warner Bros. Ultimately, Ezra Miller needs to prioritize their mental health and seek treatment. Once Warner Bros releases them from their contract, they can make this happen. If Warner Bros wants to maintain their respectability and morality, they must hold Miller accountable for their actions and part ways permanently.
Annotated bibliography:
“An Exhaustive Timeline of Ezra Miller’s Controversies.” Vulture, 22 Feb. 2023, https://www.vulture.com/2023/02/ezra-miller-grooming-allegations-career-timeline.html.
In this article, they discuss the timeline of Ezra Miller and all the crimes that they have committed, as well as what the outcome was. They go into detail about the families, as well as any connections to Miller. At the beginning of the article, they explain Millers early childhood, as well as their road to fame. This article was helpful as it allowed me to realize all the things Miller has done and why they shouldn’t be an actor in these movies anymore. I added this in a the beginning of my op-ed to roughly mention some of the main crimes they have committed and when.
Fabrikant, Geraldine. “Where Movie Ticket Income Goes.” The New York Times, 28 Jan. 1987, https://www.nytimes.com/1987/01/28/movies/where-movie-ticket-income-goes.html.
Here, they talked about where money goes after it has been in the move theaters, and who gets that money. It talked about each spot money could go to, from the producers to the movie theaters as well. After that, it goes to the staff, production costs, and even advertisement. The company takes a portion of the money as well. It was a very informative article. This artcle was helpful since I needed this in order to prove that Warner Bro’s can not discard the movie.
Fantastic Beasts and Where to Find Them. Directed by David Yates, performaces by Eddie Redmayne, Kathrine Waterston, Dan Fogler, Ezra Miller, and Alison Sudol, Johnny Depp, Warner Brothers, 2016.
This movie takes place in 1926, and Newt, the main characther is thriving in his suitcase full of beautiful creatures. However, things get conplicated when some of his creatures escape. Him and a few other characters rally around to try and fight for the freedom of the creatures. I used this information to show that Ezra Miller also was a part of it before all of their crimes. This moive helped them gain fame before everything happened.
Fleming Jr., Mike. “Ezra Miller’s ‘The Flash’ Fate Hangs In Balance As Warner Bros. Discovery Review Begins; David Zaslav Grills Jason Kilar On Diversity Hiring, Films For Theatrical Release & More.” Deadline, 15 Jun. 2022, https://deadline.com/2022/06/ezra-miller-the-flash-fate-warner-bros-discovery-david-zaslav-1235048001/.
Here, they talk about how Warner Bros is stuck in a tricky situation, and how there is no great outcome from this type of situation. There is a lot of quotes in here, and I ended up using one of them. They talked about the controversies with Ezra Miller, as well as how Warner Bro’s has not said anything at all about the subject. They also mentioned Johnny Depp and his trial, which I originally had, but took out after because it took away from my main point. This was the only article I could find that really focused on the company, and not just Ezra Miller, so it was very informative to get that opinion.
Harvard Law School. “Employment Contract Negotiation: Morals Clauses — PON.” Program on Negotiation at Harvard Law School, 27 December 2021, https://www.pon.harvard.edu/daily/business-negotiations/preparing-for-the-worst-in-business-negotiations-nb/. Accessed 28 February 2023.
This article was used to help me explain morality clauses and the legal aspects of things. It talked about how a morality clause works in films as well as businesses. The article also discusses what the company can do and what the person is able to do. A person can be in breech of a morality clause when they do something illegal or inmoral, that could damage the companys reputation. This article was helpful since I was able to use this information to talk about the legal aspect of things, and how it falls into play with Ezra Miller, who committed crimes.
Justice Leauge. Directed by Zack Snyder. Performances by Ben Affleck, Gal Gadot, Ray Fisher, Henry Cavil, Ezra Miller, and Jason Momoa, Warner Brothers, 2017.
This movie is about all the DC superheroes and how they all work together to face a team of villains to save the planet from destruction. This was the first time that Ezra Miller played the Flash. I used this information to show that this was the first time that Ezra joined Warner Brothers and started playing the Flash in the DC universe.
Martoccio, Angie. “Ezra Miller Leaks New Music Following Controversial Video.” Rolling Stone, 14 Apr. 2022, https://www.rollingstone.com/music/music-features/ezra-miller-leak-music-1352982/.
Here, they discuss how Ezra Miller stole music from Oliver Ignatius, and posted it online without his permission. Ignatious goes into depth on how he feels about Millers’ mental health. They had all worked on the music together, and then Miller had posted a link to the music on Instagram. He hopes Miller will find the help that they need, as well as being worried about them.
Ng, David. “Warner Bros. Discovery to Spend $1 Billion to Downsize.” Los Angeles Times, 24 Oct. 2022, https://www.latimes.com/entertainment-arts/business/story/2022-10-24/warner-bros-discovery-to-spend-1-billion-to-downsize.
Here I was able to figue out that Warner Bros is in massive debt, because of their merge with AT&T. They also go further into depth about the companies goals for the next couple years and what they plan to do to get out of debt. This was helpful because I needed this information to prove that Warner Bro’s can not refilm the movie or just not release it.
O’brian, Cortney. “The Flash Fans Divided Over New Trailer Amid Ezra Miller Allegations: ‘Seeing Everyone Forget’.” Fox News, 22 Dec. 2021, https://www.foxnews.com/media/the-flash-fans-divided-new-trailer-ezra-miller-allegations-seeing-everyone-forget-did.
This article talks about some of the fan’s perspectives. Some are really excited about the upcoming movie and are forgiving Miller, while others do not approve of Warner Bros’ decision to keep them in. I liked looking through this article because it showed both sides of the spectrum but also talked about popular opinions. Most people agreed that Ezra Miller should be fired from their role.
The Flash. Directed by Andres Muschietti, performances by Ezra Miller, Micheal Keaton, Sasha Calle, Ben Affleck, and Kiersey Clemons, 2023.
We can only assume what the movie is about from the trailer, however, we do know that it is about Berry Allen traveling back in time in attempt to save his mom from dying. However, he eventually gets trapped in a multiverse, where there is a different version of himself. Ezra Miller is the main character in this film, and my entire op-ed is about this film and how the company should go about it.
Watson, Amy. “DC Comics Fans in the United States as of February 2019, by Age Group.” Statista, 22 Feb. 2019, https://www.statista.com/statistics/1005263/dc-comics-fans-us/.
Here, it shows the statistics of DC fans in the united states in 2019. I couldn’t find any more recent data after 2019. It shows three graphs. One of the true fans, people who knew about DC, and people who had never heard of the company. I used this information in a sentence just to show that the DC Comics are a very popular franchise in the United States.
Wootton, Dan. “The Flash: Ezra Miller Will Play DC Superhero Despite ‘Strangling’ Fan and Drug Arrest.” The Independent, 13 Oct. 2021, https://www.independent.co.uk/arts-entertainment/films/news/the-flash-ezra-miller-dc-b2281710.html.
This article is also about the fan’s opinions and how they feel about Ezra Miller playing the flash. Most say they do not want to watch the movie due to them being in it. It talked about the backlash Warner Bros is getting because of the new trailer, and the fact that they are still releasing the movie as planned. It also talks about some tweets that fans have made, which were really intresting to read.
