Published: May 5, 2004
New York Times

WASHINGTON, May 4 — The Walt Disney Company is blocking its Miramax
division from distributing a new documentary by Michael Moore that harshly
criticizes President Bush, executives at both Disney and Miramax said
Tuesday.
    The film, “Fahrenheit 911,” links Mr. Bush and prominent
Saudis — including the family of Osama bin Laden — and criticizes Mr.
Bush’s actions before and after the Sept. 11 terrorist attacks.
     Disney, which bought Miramax more than a decade
ago, has a contractual agreement with the Miramax principals, Bob and
Harvey Weinstein, allowing it to prevent the company from distributing films
under certain circumstances, like an excessive budget or an NC-17 rating.

     Executives at Miramax, who became principal
investors in Mr. Moore’s project last spring, do not believe that this
is one of those cases, people involved in the production of the film said.
If a compromise is not reached, these people said, the matter could go
to mediation, though neither side is said to want to travel that route.
    In a statement, Matthew Hiltzik, a spokesman for
Miramax, said: “We’re discussing the issue with Disney. We’re looking
at all of our options and look forward to resolving this amicably.”
     But Disney executives indicated that they would
not budge from their position forbidding Miramax to be the distributor
of the film in North America. Overseas rights have been sold to a number
of companies, executives said.
     “We advised both the agent and Miramax in May
of 2003 that the film would not be distributed by Miramax,” said Zenia
Mucha, a company spokeswoman, referring to Mr. Moore’s agent. “That decision
stands.”

      Disney came under heavy criticism from conservatives
last May after the disclosure that Miramax had agreed to finance the
film when Icon Productions, Mel Gibson’s company, backed out.
     Mr. Moore’s agent, Ari Emanuel, said Michael
D. Eisner, Disney’s chief executive, asked him last spring to pull out
of the deal with Miramax. Mr. Emanuel said Mr. Eisner
expressed particular concern that it would endanger tax breaks Disney
receives for its theme park, hotels and other ventures in Florida, where
Mr. Bush’s brother, Jeb, is governor.
    “Michael Eisner asked me not to sell this movie to
Harvey Weinstein; that doesn’t mean I listened to him,” Mr. Emanuel said.
“He definitely indicated there were tax incentives he was getting for
the Disney corporation and that’s why he didn’t want me to sell it to
Miramax. He didn’t want a Disney company involved.”

    Disney executives deny that accusation, though they
said their displeasure over the deal was made clear to Miramax and Mr.
Emanuel.
    A senior Disney executive elaborated that the company
had the right to quash Miramax’s distribution of films if it deemed their
distribution to be against the interests of the company. The executive
said Mr. Moore’s film is deemed to be against Disney’s interests not because
of the company’s business dealings with the government but because Disney
caters to families of all political stripes and believes Mr. Moore’s film,
which does not have a release date, could alienate many.
    “It’s not in the interest of any major corporation
to be dragged into a highly charged partisan political battle,” this
executive said.
     Miramax is free to seek another distributor
in North America, but such a deal would force it to share profits and
be a blow to Harvey Weinstein, a big donor to Democrats.

     Mr. Moore, who will present the film at the
Cannes film festival this month, criticized Disney‘s
decision in an interview on Tuesday, saying, “At some point the
question has to be asked, `Should this be happening in a free and open
society where the monied interests essentially call the shots regarding
the information that the public is allowed to see?’ “
     Mr. Moore’s films, like “Roger and Me” and
“Bowling for Columbine,” are often a political lightning rod, as Mr.
Moore sets out to skewer what he says are the misguided priorities of
conservatives and big business. They have also often performed well at
the box office. His most recent movie, “Bowling for Columbine,” took in
about $22 million in North America for United Artists. His books, like “Stupid
White Men,” a jeremiad against the Bush administration that has sold more
than a million copies, have also been lucrative.
     Mr. Moore does not disagree that “Fahrenheit
911” is highly charged, but he took issue with the description of it
as partisan. “If this is partisan in any way it is partisan on the side
of the poor and working people in this country who provide fodder for
this war machine,” he said.