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"I have opinions of my own -- strong opinions -- but I don't always agree with them." -George W. Bush


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  1. Odd isn’t it to advise people against watching a show and then to include a clip of the thing…

    I suppose I don’t mind the duo coming back to work, but I wish they would be unequivocal about their support for a settlement to the dispute that is fair to the writers who helped them earn their fame.

    — Graham - Jan 10, 12:51 PM - #

  2. is it strange that with the primaries going on I feel the need for openly satirical american news to continue? Maybe if it wasn’t such a politically loaded time, they would put the strike as first priority.

    — ian - Jan 10, 03:11 PM - #

  3. Richard Freeman didn’t seem to mind too much that they were back on the air.

    — Devin - Jan 10, 03:24 PM - #

  4. JON AND STEVEN ARE CURRENTLY RUNNING THIER SHOW WITHOUT WRITTERS, FOR EXAMPLE, THE DAILY SHOW HAS NOW BECOME “A DAILY SHOW” AND STEVEN HAS NO WORD OF THE THE DAY. HOWEVER STEVEN DID USE A LEGAL SCRIPT DATED BACK FROM OCTOBER 30 2007 ON 01/09/08. NIETHER OF THEM HAVE WORDS IN THEIR PROPTER EITHER WITH PROVES THEY TO DO NOT HAVE WRITER’S WORKING FOR THEM.

    — HUCHLEBERY 08" - Jan 10, 03:28 PM - #

  5. My family (2 adults & 2 adult children) love John Stewart.
    His first day back looked un-scripted, but last night looked like writers were available. Leno also looked like he found some writers somewhere. I have 40+years in the Typo/CWA Union and I will wait for W.Guild to be back before I return to John’s humor!

    — Douglas Smith - Jan 10, 03:35 PM - #

  6. hucklebery, if you think they don’t have writers working for them, you are woefully misinformed. it’s clear stewart and colbert are not just going on the air and “riffing”... they have film clips, and say jokes. even if they themselves are writing the jokes before hand without help, (i doubt it), they are both in the wga. there’s no way that both shows are unscripted. they are showing incredible selfishness and disdain for their writers. depressing

    — land surveyor k - Jan 10, 03:39 PM - #

  7. Jon Stewart did imply during his first interview that he had wanted to reach an agreement with the union like David Letterman did, and had even convinced skeptical corporate bosses to let him, but that the WGA wouldn’t do it. He seemed somewhat bothered by the snub (even jokingly implying it was anti-semitism).

    My guess is that the differential treatment is due to Letterman owning his show and the Late Late show, which was also covered by his side agreement, while Viacom owns the Daily Show outright, but it does raise the question of whether it is Jon Stewart who is treating the WGA unfairly or is it the WGA which is treating him unfairly by putting his competition back on the air, but not negotiating with him.

    I tend to agree with what the WGA is striking over, but I have sympathy for Stewart and Colbert being caught in the middle.

    — Mike - Jan 10, 03:40 PM - #

  8. No, they are not scabs.

    First, technically – they are WGA members, but they are also on-air talent, and, as such, are allowed to act as writers for their own show, according to the WGA’s membership terms. As long as they are writing their own material and not using other writers, they are allowed to be doing what their doing, according to the WGA.

    Two, as for why, read the more recent NY Times article, rather than the one you linked to. they came back for the same reason other shows have had to come back – because they were continuing to pay the salaries of all non-writing staff for their shows, rather than fire them, and there’s only so long that could go on. The WGA forced them to choose between going back on the air and firing the rest of their crews.

    Third, the WGA refused to offer them (and Leno and Conan O’Brien) the same deal it gave to David Letterman, which is to allow their shows back on the air as long as the writers for those shows met the WGA’s demands for their writers. Colbert and Stewart were both willing to meet the WGA’s demands, the WGA wouldn’t negotiate with them.

    Lastly, I fear that this tactic is only going to backfire on the WGA. Last night’s episodes of “A” Daily Show and Colbert Report were both pretty entertaining, despite the lack of a writing staff. If the WGA refuses to allow their writers to work on these shows, yet the shows continue to do well, the WGA just might be undermining their own members’ relevance. If the shwos can get by without their members, it’s a pretty big blow against the WGA.

    — Mike (a different one...) - Jan 10, 04:14 PM - #

  9. Incidentally, the third point I listed above is also probably why Stewart went after the WGA as well as the producsers/studios on Monday night. He wanted and tried to work with them, but the WGA shot him down.

    — Mike (a different one...) - Jan 10, 04:16 PM - #

  10. it’s very nteresting how this tenure-protected Harvard Professor and well-known “labor expert” (a not very helpful member of the Clinton Administration’s Dunlop Commission) answers the age old question: “Which side are you on?”-.....with Stewart/Colbert-style “ambivalence!”

    Richard Freeman is the same promoter of “Open Source Unionism” who has nattered on for years about how you don’t have to be part of formal collective bargaining unit—not likely to be formed anytime soon in the green pastures of Harvard University—to be a union member?

    Yet, as he admits on the show that he shouldn’t have appeared on, he isn’t a union member. Freeman is an occasional academic book writer but apparently paying dues to the National Writers Union/UAW—just his kind of “open-source union”?— is too much of a financial burden for anyone struggling to survive on a Harvard salary and related hefty grants and consulting fees.

    Why am I not surprised that a senior at Portland State University, who wrote this critique, has a better sense of what it means to appear on a struck TV talk show than the guest himself (Freeman)?

    Congratulations, Saxon Baird, for calling this disgrace to our attention.
    Steve Early
    NWU/UAW

    — Steve Early - Jan 10, 06:43 PM - #

  11. While I certainly agree that the writers are entitled to a cut of the “new media” profits, these are also people making 200 grand a year. I know that is pennies compared to the CEO of Viacom, but are you trying to say that it is more ethical for Stewart and Colbert to allow the rest of their staff get fired than assure people who already make twice as much as the average doctor get a pay raise? For God’s sake, these aren’t miners demanding safer working conditions or factory workers wanting a 40-hour week. They are writers making five times what the average American makes wanting commission from technology created within the past three years. Yes, they certainly deserve a share, but forgive me if I don’t think their cause is more important than the livelihoods of countless others who would have been fired had the late night hosts not returned.

    — Setay - Jan 10, 07:12 PM - #

  12. Setay,

    The average income of a WGA member is $62,000. Like most artistic or writing gigs, they are on a freelance or short term basis. It’s not expected someone will write at show from the time they are 20 until 65. They need to get what they can while they can.

    You correctly point out that it’s pennies compared to the CEO of Viacom—that’s the point. It doesn’t matter if the technology was made three years or three minutes ago. Countless of us watch and read news content everyday on the web for free. The people who make their living producing those things should be paid fair split.

    Matt Bors - Jan 10, 07:26 PM - #

  13. I think Baird’s post raises two issues: a) Stewart and Colbert’s attitude toward the labor dispute and b) whether or not they are “scabs.”

    On the first, I think it’s clear, based on everything from Stewart’s pre-strike sign-off to their joint statement and their current shows, that both men are pro-writer, with nothing but ridicule and criticism for the AMPTP, and that Stewart is (understandably) frustrated with the WGA’s strategy.

    On the second, I think Baird mixes the question of “scab” with the question of “right or wrong,” so:

    1) No, they are not scabs. A scab is defined, “a person who refuses to strike or to join a union, or takes over the responsibilities of a striking worker.” They had honored the strike, they are union members, and they are not taking over the jobs of the striking writers. In addition to what Mike #8 said, Stewart and Colbert, since their return, have been performing their jobs as producers and hosts—who are also members of the creative team, not necessarily as writers.

    Stewart and Colbert, as hosts, are also AFTRA union members. Under the “no-strike” clause of their AFTRA contracts, they are legally obligated to perform on their shows (and it’s logical to think that Comedy Central/Viacom would finally invoke this after two months, when it was announced by their competitors—the other networks—that the other late night hosts were returning to work).

    If they refused to come back, they could be sued for breach of contract and loss of revenue, which could amount to millions of dollars. Let’s not forget that Viacom, which recently sued Google and YouTube for a billion dollars, is not shy about filing lawsuits. Let’s also not forget that, starting in December and as long as they refused to resume their shows, they were voluntarily paying staff members out of their own pockets (while, of course, not being paid themselves). This is not only a charitable gesture to help keep afloat ~200 people who are not even technically their employees, but a very costly one.

    Whether or not my interpretation of “scab” is correct, Stewart and Colbert are not “wrong”—they are people forced by circumstances to fulfill various and conflicting legal and ethical obligations to their employers, to their staff, to their writers, and to themselves.

    2) “As high-profile members of the WGA, they have the potential to be loud and effective figures in the strike… Who better to take up the cause than famous figures like Stewart and Colbert that are also card-carrying members?”
    Indeed. And how better to be loud and effective than to do what they do best: Get on the air and put perspective on the issues? They’ve been supporting the writers from their first shows back. You might say this is louder and more effective than staying off the air, silenced, and facing the risk of lawsuits and loss of staff to boot.

    And if we think going back to work is unacceptable in itself, because it generates revenue for the networks and helps them withstand the strike and continue their refusal to negotiate with the WGA... Then how about Letterman’s case? This is what he’s done, and he’s also arguably a famous and effective card-carrying member. Why aren’t we calling him a scab? Because he was able to secure a deal with the WGA? Well, as both Mikes have pointed out, Stewart and Colbert have been trying to secure the same deal for their shows. Is it their fault that their WGA union declines to give them a deal for their shows, while their employer and their AFTRA union require them to resume these shows?

    And deal or no deal, the bottom line is all the late night hosts are back at work (for better, for worse), and they’re all caught in the middle of this stand-off between the AMPTP and the WGA.

    3) “As viewers, we should expect the hosts to make us laugh while still carrying on their tradition of being socially and politically poignant.” If by that Baird means they should be funny, topical, and thought-provoking, I agree to the extent that if they stop being those things, I simply stop watching. But if the author means that Stewart and Colbert should be guardians of our ideologies, conducting themselves as activists in our causes, I wholly disagree. Our choices are our own prerogative, our convictions ours alone to act out, and I don’t think any of us have the right to hoist them on anyone else.

    Especially if we’re sitting it out as spectators, with nothing more at stake than a nightly hour of entertainment.

    If viewers want to take an effective stand against the media conglomerates, and suppress the revenue they’re getting from the return of these shows, we need only turn off the Nielsen-household TVs and stop downloading from places like iTunes and Comedy Central. (Unofficial downloads on the other hand…) And follow-up with letters to the studios and advertisers so they’ll know why some dollars aren’t coming in and can put two and two together. That’s all we need to do for “our part.”

    That’s far short of justification for passing any judgment on Stewart and Colbert. Just my .02.

    — Erika - Jan 10, 07:29 PM - #

  14. I can’t bring myself to call John Stewart a scab. I worked in a union for a while, and I understand the general investment of energy it takes to earn union support. I don’t think that either broadcaster would willfully turn their back on their coworkers, friends, and supporters- the WGA’s assertion that Comedy Central forced them to broadcast seems more realistic. If that is the case, no need to attack Stewart or Colbert, but a general boycott of Comedy Central would be in order.

    — KMM - Jan 10, 10:47 PM - #

  15. Mike –

    Those WGA membership terms don’t apply during the instance of a strike.

    WGA East and West reminded everyone of its pre-approved “Strike Rules pertaining to Comedy/Variety”, which were sent to all comedy/variety shows PRIOR to the strike.

    The Strike Rules clearly states the following:

    NOTICE TO ALL WGA MEMBERS WRITING FOR COMEDY/VARIETY SHOWS
    The Council of the Writers Guild of America, East, Inc. and the Board of Directors of Writers Guild of America, West, Inc. (collectively the “Guild”), have adopted Strike Rules which will go into effect if the Guild calls a strike. The Strike Rules, among other provisions, prohibit Guild members from performing any writing services during a strike for any and all struck companies. This prohibition includes all writing by any Guild member that would be performed on-air by that member (including monologues, characters, and featured appearances) if any portion of that written material is customarily written by striking writers.”

    — Lena - Jan 11, 06:15 PM - #

  16. Scabs. Period.
    It’s all well and fine to debate the different aspects and try to intellectually justify what they (Mssrs. Stewart and Colbert) are doing, but it all boils down to one or two simple ideas.

    When you see people walking up and down the sidewalk carrying a picket sign, they are engaged in a battle for their lives, figuratively AND literally. When the bosses refuse to bargain, or give the workers their fair share, and the workers decide they’ve had enough, then its up to everyone in that industry to support them. And anyone with a conscience outside of the industry will support them as well by not buying the products, services, or whatever, until the bosses get back to the table.

    And the underlying reason? If you don’t, you’ll be next.

    — Ben - Jan 11, 06:52 PM - #

  17. “When you see people walking up and down the sidewalk carrying a picket sign, they are engaged in a battle for their lives, figuratively AND literally.”

    Scabs? Nah… maybe somewhere in between. Whether they still are writers, and have certainly been writers in the past… that’s not truly what they are anymore. If you really want to boil this down to “life and death,” then we should seriously look at this in a moral light, no? Colbert and Stewart are performers, first and foremost… and as much as their loyalties lies with their writers (as that’s the background they came from), they also feel responsible for below the line workers who AREN’T engaged in a “battle for their lives” but would just like their jobs back so they can put food on the table. Stewart and Colbert (both fantastic populist’s at heart) can’t put YOUR battle above the lives of hundreds of other workers… Let’s face it, this battle is not going to be changed by late night television. Dave, Jay, Carson, Conan, Stewart, Colbert… whatever. We’re not in the middle of an industry damaging strike because of late night TV. They aren’t hurting your cause… the fact that you are even focusing on this side issue, and arguing over semantics, is horribly telling of how poorly this strike is being handled. I’d be ashamed of myself if I were you.

    — ckn8 - Jan 11, 07:36 PM - #

  18. television writers should know by being writers people won’t know your name. whatever, let the people laugh, everything in this strike is about principle, it isn’t realistic, they are two people out of many. and besides Fox thinks their audience is full of stoned slackers, so that means that most people who watch television don’t take them seriously, therefore a lot of people don’t give them that much credibility in media anyhow.

    — Cassandra Roos - Jan 11, 07:46 PM - #

  19. No, they are not scabs. I am teacher union retired, pro-union since I was a teenager (Southern), because I saw how the anti-union mindset foisted off on Southerners resulted in my father earning much less as a carpenter than relatives in states with a pro-union disposition. I understand very well the value of unions, and I support the WGA strike.

    But the WGA is making a mistake regarding Jon Stewart and Stephen Colbert. First of all, why were they not given the same break as David Letterman? But more importantly, they are honoring the writers, and they are championing the cause. These are allies we are talking about here, and they also perform a critical social/political function which is more important than even the strike, even as they both are bending over backwards to stand with the striking writers. And they paid their staff out of their own pockets when they were off air. Come on, people, understand who your friends are, and make all your decisions smart ones. Picketing, and worse, heaping abuse on, Stewart and Colbert is neither clearly principled nor particularly smart.

    Win this strike, and let of all your allies help you.

    — David - Jan 11, 10:13 PM - #

  20. As much as I believe that the writers deserve their fair share of digital revenue, I don’t think that calling Stewart and Colbert “Scabs” shows any support for that cause on the part of Mr. Baird. Really, it only reduces a complex situation to a false dichotomy… right or wrong – leaving a whole messy gray area unexplored. Colbert and Stewart appear to be stuck in that gray area, and should be entitled to a little understanding, if not support.

    But in the end, more than anything, from the perspective of a mere television viewer, this strike has shown how little importance television in general, and American television in particular, has in our everyday lives. I think everyone is finding other things to do. Unfortunate for the writers and their cause, but true.

    — Eek - Jan 11, 10:14 PM - #

  21. If you talk to some of the WGA strike leaders, you’ll find that they don’t blame Stewart or Colbert. Why? Because had they not went back on (trying to fill in joke space with interviews) everyone involved in the show who is NOT a writer (camera men probably get paid less than writers) would have gotten laid off.

    “Damned if you do, damned if you don’t.”

    But good job with your sensationalist article. You got hits. Congrats.

    — MilesZS - Jan 12, 01:37 PM - #

  22. Well written, informative and impressive. Points well taken…

    — GmaZ - Jan 13, 11:02 AM - #

  23. Seeing as the strike is primarily over video residuals, and these are all shows that have no stake in the video market, these are shows that have been drug into a strike that isn’t about them at all, and moreover, at about the worst possible time for daily political commentary in the US to be stifled in any way. It’s wonderfully black and white to label them scabs and condemn them, but the issues at play here are far more complex.

    — Josh Gross - Jan 14, 01:36 PM - #

  24. I’m going to have to agree with Bill Maher on the strike and say that for one, it is not the most important thing in the world and two, the WGA needs to frankly get over themselves. I support getting more pay for writers (specifically the lower paid writers) but at the same time I don’t think their strategy is working. There really doesn’t seem to be any exit strategy for this strike. Yet under the rules the WGA sets up for all of us is that we can’t say that because the narrative is that all the WGA wants is more money to help their meager living. I’m sorry but $62,000 a year isn’t exactly a salary that needs to be supported by waitressing. (perhaps if you get a family their might need to be a two income house but it’s still somewhat comfortable). The issues are more complex and while I agree that on the surface, the assertion that the AMPTP is making that “we don’t know how popular the internet’s going to be” is laughable, if you look a little deeper it is a little difficult to see what type of money is going to really be made online and really how the public will react when everything is online in the somewhat near future and there are no “hard copies” of media. When the WGA is demanding an exact cut of a medium that hasn’t really been analyzed (I konw that it is making money but for how long?) there really is no way to compromise. I’m not saying bargaining is bad and I’m not anti-union, but let’s call a spade a spade and this is a bad strike, at a bad time, and a bad issue to be striking over.

    — Brian - Jan 16, 09:19 AM - #

  25. If they didn’t return to the air when they did, they would have lost viewers to the other late night shows that did return such as Letterman and Conan. If they lost all ratings, there would be no show for the writers to return to when the strike is over. Anybody who follows these programs knows that Jon and Stephen support the union. This is only a matter of survival.

    — glenn - Jan 16, 10:19 AM - #

  26. “Seeing as the strike is primarily over video residuals, and these are all shows that have no stake in the video market”

    Yeah, except, umm, the episodes of the Daily Show you can pay $1.99 to download on iTunes. So, yes, except for the part of the Daily Show that’s directly in the online video market, this has nothing to do with the video market.

    “these are shows that have been drug into a strike that isn’t about them at all”

    Except for them being written by members of the WGA. Not to be overly snarky here but you do understand how unions actually work, right? “Everyone for themselves” isn’t exactly a pillar of the union movement.

    “and moreover, at about the worst possible time for daily political commentary in the US to be stifled in any way.”

    So… the union should, what, wait for a time in which they are less necessary to present the case for being a necessary part of the production process? That we miss them so badly sort of proves they deserve their pay.

    August J. Pollak - Jan 16, 10:36 PM - #

  27. Way to go Saxon—great writing, super insight, and a stinging critique—great. I am reminded— if you are gonna’ talk the talk, you better walk the walk. Keep it up Saxon—I love you, Grandpa.

    — P. Hudson, Grandpa - Jan 18, 12:17 PM - #

  28. My understanding is that the cable network made both entertainers go back to work, and were able to do so because of previous contractual agreements. On the first couple of shows Stewart seemed angry and distracted. Even after he tried to make light of the situation it was obvious that something was getting to him. They may not have had a choice, because the alternative could cost them hundreds of thousands of dollars if not more.

    — purpleOnion - Jan 19, 03:52 AM - #

  29. Paint this how you want but they are union members that have crossed a picket line and are getting paid…scabs, plain and simple. I personally won’t watch, no different than a strike line if you ask me. Our fathers and grandfathers fought to damn hard to form these brotherhoods and what Stewart and Colbert are doing is UNION BUSTING. Show some solidarity.

    — canuck - Jan 20, 04:05 AM - #

  30. I agree with canuck’s statement. I have not watched Comedy Central or Leno since the strike started. Truthfully, I don’t think I missed a thing. I support the WGA and all labor unions. By not honoring picket lines, we are hurting all working people in the long run.

    — Franklin - Jan 21, 09:41 AM - #

  31. There is really no way to justify the return of Stewart and Colbert. As much as I have enjoyed their work, I am doubtful that I will ever watch them again, even when the strike is settled. Scabs must be seen for what they are: people putting thier own interests above the welfare of the collective.

    Lorne - Jan 21, 04:37 PM - #

  32. Putting their own interests above the welfare of the collective? What about the stagehands and cameramen? What about the other people working to support their families? Sure if Stewart and Colbert were simply writers and went back to work then you MIGHT have a point, but they are akin to employers who need to look out for more than their writers. This isn’t about fighting for mine safety or getting a 40 hour work week so a factory worker can get rest and spend time with his family. This is about royalties. Nothing more, nothing less. It’s strikes like these that make me see Hollywood in general for the hypocrites they really are. If they gave at least 1% of a damn about Darfur, getting our troops home, feeding the hungry, or global warming, as they do about getting another percentage of the sale of a $20 DVD, then there would be real progress on those issues. Instead we have self-important Hollywood types and the apologists on this board equating themselves to real Americans who literally died to get decent working conditions and those who today work their butts off to be the nurses, and phone operators, and waiters (gender neutral), and factory workers that we come to depend on to make our country run smoothly. How sickening

    — Brian - Jan 22, 12:55 AM - #

  33. I’ll keep it short since it’s been said already: Saxon, you are wrong. The afore mentioned NYT article www.nytimes.com/2008… his efforts to get a deal like Leno/Letterman, but also references his involvement in getting his writers in the WGA in 2006 in the first place — paving the way for other cable writers. His wiki article has links to the WGA newsletter that mentions this as well. While the WGA is completely right to strike, we can fault them for not being loyal to their friends in production. He fought to get his people protected by the WGA, and the WGA shat on him for it.

    — Brian_ - Jan 29, 05:25 AM - #

  34. I love limo libs. Have some respect and at least rip up your union card. Scabs are cowards and should be beat down

    — Sal - Feb 24, 02:39 PM - #

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