Why a U.S. Federal Court Ruled That Marvel's X-Men Aren't Humans

Ever since their introduction to the Marvel Universe in 1963, the X-Men have always had to deal with questions about their humanity. While their enemies will stop at nothing to cast them as monsters, the team continues to fight for a world where they are treated just like humans. Of course, that's just a moral on a comic book page; in the real world, it's in Marvel's best financial interest that the X-Men not be considered humans. In fact, they even went to court over it.

According to the podcast Radiolab, the question over the X-Men's heritage began in 1993, when international trade lawyers Sherry Singer and Indie Singh found an interesting provision in a book of federal tariff classifications. It turns out a "doll" can only be a representation of a human being, like a Barbie or Ken doll. A "toy," on the other hand, includes anything else—a robot, monster, demon, etc. Normally this would be nothing more than a technicality, but it turns out there's a marked difference between a doll and a toy when it comes to taxes. When a company imports a doll to sell in the U.S., they are taxed at 12 percent, while toys stand at 6.8 percent. There's no concrete reasoning behind this, but Radiolab speculated that domestic doll manufacturers had something to do with it.

Singer and Singh knew this distinction could be a sizable financial benefit for their client, Marvel Entertainment, who had an ownership stake in ToyBiz at the time. For years, Marvel had been importing its action figures as dolls, despite the fact that the company's cavalcade of brightly colored characters could hardly be classified as human in most cases. The two lawyers went to the U.S. Customs and Border Protection headquarters in Washington, D.C. with a bag full of action figures to try and convince the government that Marvel wasn't importing humanlike dolls, but instead very non-human toys.

The legal battle raged on for a decade, with a judge looking at various Marvel figures (beyond just the X-Men) to decide whether or not individual characters were human or not. Everything from Beast's blue skin to Wolverine's claws and Kraven the Hunter's muscle-bound physique were scrutinized, with lawyers on both sides weighing in on the philosophical ramifications of being human. After all, ToyBiz argued, how can these action figures be human if they have "tentacles, claws, wings, or robotic limbs?"

Official court documents [PDF] from the case are just as surreal, often sounding like overly formal Comic-Con discussions:

"The figure of 'Kingpin' resembles a man in a suit carrying a staff. Nothing in the storyline indicates that Kingpin possesses superhuman powers. Yet, Kingpin is known to have exceedingly great strength (however 'naturally' achieved) and the figure itself has a large and stout body with a disproportionately small head and disproportionately large hands. As it is, the figure is designed to communicate the legendary and freakish nature of the character. Even though 'dolls' can be caricatures of human beings, the court is of the opinion that the freakishness of the figure’s appearance coupled with the fabled 'Spider-Man' storyline to which it belongs does not warrant a finding that the figure represents a human being."

In 2003, Singer and Singh convinced Judge Judith Barzilay that the Marvel characters aren't quite human enough to deserve the taxation of a doll, leading the court to declare, “They are more than (or different than) humans. These fabulous characters use their extraordinary and unnatural physical and psychic powers on the side of either good or evil. The figures’ shapes and features, as well as their costumes and accessories, are designed to communicate such powers."

For the entire Marvel Universe to be catalogued as "non-human" might ring false to some fans, but for X-Men fans in particular, it was downright insulting. Chuck Austen, who was writing Uncanny X-Men when the ruling came down in 2003, said his goal while writing the books was to show the team's humanity, and that mutants were simply "just another strand in the evolutionary chain." Obviously this ruling flies in the face of the themes Marvel spent decades crafting.

Marvel itself had to quell concerns from fans by releasing a statement that read, "Don't fret, Marvel fans, our heroes are living, breathing human beings—but humans who have extraordinary abilities ... A decision that the X-Men figures indeed do have 'nonhuman' characteristics further proves our characters have special, out-of-this world powers."

In the never-ending world of comics, the X-Men will likely always be fighting for their rights to be treated as humans. But in the real world, the decision has already been made.

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20 Things You Might Not Know About Garfield
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Everyone’s favorite lazy, lasagna-loving cat made his debut 40 years ago, but Garfield is still just as popular today. The comic strip spawned a TV show plus a number of video games, feature films, books, and, of course, holiday specials—not to mention one very memorable car window craze. We sat down with Garfield creator Jim Davis to nail down a solid list of 20 things you might not know about the wisecracking feline.

1. JIM DAVIS ORIGINALLY INTENDED TO FOCUS THE STRIP ON JON.


Courtesy of Jim Davis

“I ran some early ideas at a local paper,” Jim Davis tells Mental Floss, “to see how I felt about it and I called the strip Jon. It was about him, but he had this wise cat who, every time, came back zinging him. He always had the great payoff. At the time, I worked for T.K. Ryan—the cartoonist for Tumbleweeds—and I showed it to him and told him how every time I got to the punch line the cat zings him. And T.K. said, 'Well, what does that tell you, Jim?'" he laughs. “The strip must be about the cat. Go with it.”

2. JON WAS A CARTOONIST IN THE VERY FIRST COMIC STRIP, BUT IT WAS NEVER REALLY MENTIONED AGAIN.

“I didn’t want to tread on the fact that Jon’s a cartoonist because my biggest fear was getting a little too inside," Davis says. "That it would be a little too easy for me to write. I didn’t want to lose the readers just for my own enjoyment, or for a handful of peers. Also, I purposely gave him a job right off the top for the reason that The Adventures of Ozzie and Harriet never explained what Ozzie did for a living. Nobody ever knew because he was always in the house with Harriet and Ricky and David. Just hanging around. So I thought I would give Jon a job right off the top to avoid being asked what he does for a living in interviews.”

3. GARFIELD WAS NAMED AFTER DAVIS'S GRANDFATHER, JAMES A. GARFIELD DAVIS ...

... who was named after President James A. Garfield. That’s quite a connection. Now just imagine a fat, wisecracking, lasagna-eating cat as the President of the United States of America. (Sounds like a dead-ringer for William Howard Taft!)

4. GARFIELD IS SET IN DAVIS'S HOMETOWN OF MUNCIE, INDIANA, BUT THAT'S ALSO MOSTLY LEFT UNSAID.


Courtesy of Jim Davis

“I would like for readers in Sydney, Australia to think that Garfield lives next door,” Davis says. “Dealing with eating and sleeping, being a cat, Garfield is very universal. By virtue of being a cat, really, he’s not really male or female or any particular race or nationality, young or old. It gives me a lot more latitude for the humor for the situations.” The farm that Davis grew up on reportedly had 25 cats, several of which he based the Garfield character on.

5. DAVIS MAINTAINS COMPLETE CONTROL OVER GARFIELD'S FINAL PRODUCT, BUT HE NO LONGER DRAWS THE DAILY COMIC STRIP.

“I’m sitting here working on the writing right now,” he says. “I see gags and I work with assistants on the strip and stuff like that. We do roughs and it all filters through me so that it has one voice. We all get together occasionally in the same room and draw and work on shapes of fingers and gestures and expressions and things like that so that if any one of us draws it, you can’t tell which one did it.”

6. HE REGRETS AT LEAST ONE LICENSED GARFIELD ITEM.

According to Slate, Garfield merchandise brings in $750 million to $1 billion annually. Davis’s creation has been adapted and licensed more times than anyone could probably count, and of all of those items, there's one that Davis isn't thrilled with. “A few years ago there was a Zombie Garfield,” he says. “It was really gnarly and I thought, 'Oh, this will be fun.' So I did it and it sold okay. It was really interesting. But then I looked at it later and I go, ‘It did nothing for the character’s advancement.’ I figured I just did it because it was cool and everybody was doing it at the time. I just didn’t have a warm, fuzzy feeling after doing it. But those T-shirts go away," he laughs.

7. GARFIELD HOLDS THE GUINNESS WORLD RECORD FOR BEING THE WORLD'S MOST WIDELY SYNDICATED COMIC STRIP.

Garfield is syndicated in more than 2500 newspapers and journals. The cat also has more than 16 million fans on Facebook. That’s one seriously popular feline.

8. GARFIELD'S CHARACTER DESIGN HAS CHANGED MANY TIMES OVER THE YEARS.

There's one constant, though: The fat cat has always been—and will always be—fat. “If he lost weight, that would effectively end Garfield as we know it,” Davis says. “Garfield sends a healthy message in that he’s not perfect. He knows that and he’s cool with that. He’s happy with himself. If everybody were, there would probably be fewer disorders of all natures. He’s not perfect. In fact, he’s the imperfection in all of us underneath. I think that makes him probably easier to identify with than a slim, athletic character in the comics.”

9. DAVIS REALLY ENJOYED SCARING KIDS WITH GARFIELD'S HALLOWEEN ADVENTURE.

"It was such a challenge to try to think of something that could be scary, but fortunately we got to work with animation—we could marry scary sounds with scary music and scary images, and set the stage for a scary experience," Davis says. "Even down to the use of the actor’s voice. C. Lindsay Workman [who voices the old man that tells Garfield and Odie about the vengeful ghost pirates] was just a great character actor. I think we took our time to build to a scary scene where the ghost pirates invaded the house to look for the buried treasure. We tried to throw as many elements together as possible to create a situation where, at least for a few minutes, it could create a scary situation for the young viewers."

10. CREATING THE GHOST PIRATES IN THE HALLOWEEN TV SPECIAL WAS MUCH MORE DIFFICULT THAN YOU MIGHT THINK.

“We did it in our own art department (here at Paws, Inc.) because we wanted to make it just right,” the Garfield creator told us. “It was done with a white, chalky pencil on a rough texture so that everything would be really grainy. Back then, we animated on real film, so in order to get that glow we did what’s called a double burn. We exposed the film twice to overexpose the ghosts, and that gave it that eerie glow. We were totally in control of the process and the results turned out very well.”

11. IN 2011, A FULL-LENGTH STAGE MUSICAL CALLED GARFIELD LIVE WAS STAGED IN MUNCIE.

The musical was supposed to start touring the United States in September 2010, but was delayed until January 2011, when it premiered in Muncie. Davis wrote Garfield Live, while Michael Dansicker and Bill Meade handled the music and lyrics.

12. DAVIS LOVED THE CASTING OF BILL MURRAY AS THE VOICE OF GARFIELD IN 2004'S GARFIELD: THE MOVIE.


Muncie Magazine

“It was because of Bill Murray’s attitude [that he was cast],” Davis tells us. “It wasn’t really so much his voice. It was the fact that he embodies the attitude that Garfield has always displayed in the strip. Lorenzo [Music] obviously wasn’t a choice since he passed away years ago, and when the producers said, ‘Bill Murray would like to do the voice,’ I thought, ‘Oh, cool.’ My biggest concern about doing a CGI Garfield with live action was that people wouldn’t buy into the fact that this was our Garfield—the Garfield we’d known all these years. But I thought that as soon as they heard Bill Murray’s voice they’d get it. There will be that emotional tag going with his voice. That will establish the fact that, ‘Yes, this character has attitude.’”

13. THERE'S A GREAT LINK BETWEEN GARFIELD VOICE ACTOR LORENZO MUSIC AND BILL MURRAY.

Lorenzo Music provided the voice of Garfield in all of the cat’s TV specials from 1982 to 1991, as well as during the 1988 to 1994 run of Garfield and Friends. Music also provided the voice of Peter Venkman in The Real Ghostbusters. Murray, of course, played Venkman in the Ghostbusters films and would, in 2004, provide the voice of Garfield in Garfield: The Movie. “I didn’t know about the relationship with Ghostbusters until years later."

14. THE MACY'S PARADE ONCE CITED SHAMU THE WHALE AS THE PARADE'S LARGEST BALLOON, BUT DAVIS SAYS GARFIELD WAS LARGER.

“In the Macy’s Thanksgiving Day Parade, they had published that their biggest balloon ever, by volume of gas, was Shamu the Whale with over 18,000 cubic feet," Davis says. "The fact is that the Garfield balloon was filled with 18,907 cubic feet of helium. So we just confirmed that the Garfield balloon, in fact, was the largest one by volume of gas.”

15. THERE ARE ONLY THREE COUNTRIES IN THE WORLD WHERE GARFIELD IS NOT NAMED GARFIELD.

“In Sweden, Garfield is known as Gustav,” the Garfield creator says. “There are only three countries in the whole world where he’s not Garfield and they’re all in the Nordics.” The other two are Norway and Finland.

16. THE STUCK ON YOU GARFIELD PLUSH WITH SUCTION CUPS WAS THE RESULT OF A MISUNDERSTANDING.


Amazon

In the 1990s, it wasn't unusual to see a number of cars with little Garfield plushes stuck to the windows with suction cups. But that wasn't the original design—or the intended use. “I designed the first Stuck on You doll with Velcro on the paws, thinking that people would stick it on curtains,” Davis says. “It came back as a mistake with suction cups. They didn’t understand the directions. So I stuck it on a window and said, 'If it’s still there in two days, we’ll approve this.' Well, they were good suction cups and we released it like that. It never occurred to me that people would put them on cars.”

17. THE GARFIELD COMIC STRIP BOOKS HAVE BEEN HUGE HITS.

“The 11 Garfield comic strip books have all been number one on the New York Times Bestseller List,” Davis says. “At one time there were seven on the list simultaneously. At that point, they changed the way the list was done because other publishing houses were complaining that their authors couldn’t get on the list because of Garfield. Garfield at Large (1980) was number one for two solid years. Over 100 weeks.” The title of every compilation book is a reference to either food or Garfield’s weight.

18. STEVEN SPIELBERG AND STEPHEN KING ARE AMONG THE MANY CELEBRITIES WHO OWN ORIGINAL GARFIELD STRIPS.

They both contacted Davis personally for the strips; the cartoonist happily obliged.

19. DESPITE GARFIELD BEING INSANELY POPULAR FOR DECADES, DAVIS IS STILL MOSTLY ANONYMOUS.


Muncie Magazine

“Being a cartoonist, you really enjoy a lot of anonymity,” he says. “You take a half-dozen of the biggest cartoonists and walk them down any street, nobody would notice them. They only know their characters. So I just hide behind Garfield. The only time anyone knows the name or spots me is if I’m out on book tour and I’m meant to do publicity. We don’t suffer any of the kind of attention problems that I think people do on TV or in movies. It’s not a big deal. I’m sitting here in the countryside of East Central Indiana, so it’s pretty quiet.”

20. DAVIS'S FATHER'S FAVORITE COMIC STRIP WASN'T GARFIELD.

Davis's father and namesake, who passed away in 2016, liked Garfield but preferred another comic strip: Beetle Bailey. “Nobody else knew that until today,” Davis tells us.

This article originally appeared in 2014.

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8 Things You Might Not Know About The Wizard of Id
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Debuting in 1964, Brant Parker and Johnny Hart’s The Wizard of Id took a page from the macabre humor of cartoonist Charles Addams. Ruling the kingdom of Id, a pint-sized tyrant uses humor to disarm a medieval cast made up of a jester, an executioner, a thief, and the titular magician, whose spells don’t usually impress. Although Hart and Parker both passed away in 2007, their black humor lives on. Take a look at some facts behind the throne, including the time Jim Henson almost brought it to television.

1. THE IDEA FOR THE STRIP CAME FROM A DECK OF PLAYING CARDS.

Johnny Hart was already a successful syndicated cartoonist (the Stone Age comedy B.C.) before he and former Disney animator Brant Parker decided to collaborate on a different project. Hart was flipping through a deck of playing cards in 1964 when he came across a peculiar illustration used for the king. Drawing on it to create his own diminutive despot, Hart wrote most of the jokes for Id while Parker illustrated it.

2. THE SYNDICATE THOUGHT THE TWO ARTISTS WERE DISGUSTING.

Although Id would eventually be syndicated to over 1000 strips across the country, Hart and Parker first had to get past the gatekeepers of cartoon distribution operating out of New York. Traveling to the city to show them samples, the two worked late into the night and called to tell executives they were ready. They didn’t know the syndicate would be coming to their hotel room, which was a mess of papers, food, and beer bottles. Caught off-guard, the men looked like transients. “We think you guys are disgusting,” one executive said, “but we love the strip. We’ll take it.”

3. THE SHORT JOKES WERE BASED ON JOHNNY HART.

In a visual juxtaposition, the king of Id’s height is inversely proportional to his power. Parker said the character’s stature was based partly on Hart, who used to fend off jokes about his own height. "The king became short because we used to kid John about being short and a lot of the short gags began to slide over into the strip," Parker said. "He just kept getting smaller, and as he shrunk, the nose got bigger and bigger."

4. A LITTLE GIRL GOT THEM TO DROP A CHARACTER.

Most of the humor in Id is centered around the morbid dynamics of Middle Ages politics, which is not normally an opportunity to offend current sensibilities. But early on, Parker and Hart created a karate teacher from Japan who was perceived by some as a stereotype. When Parker received a letter from a young Japanese-American girl who was being teased at school as a result of the character, the creators decided to drop him from the strip.

5. JIM HENSON WAS GOING TO PUT IT ON TELEVISION.

An avowed fan of comic strips and of The Wizard of Id in particular, Muppets creator Jim Henson met with Hart in 1968 to discuss a possible collaboration. Henson wanted to create an Id television show that would use puppets against an animated backdrop. Hart agreed, and in 1969, Henson was able to shoot test footage featuring himself as the voice of the Wizard. But executives at Publishers-Hall, which had taken over syndication of the strip, were having trouble enticing networks into producing a series. By the time ABC showed interest, Henson had moved on to Sesame Street and other projects. Wizard of Id got translated into animation in 1970 as part of a Chuck Jones variety series titled Curiosity Shop.

6. HART TURNED DOWN FEATURE FILM OFFERS.

Possibly disappointed in the outcome of the Henson project, Hart wasn’t very receptive to offers to adapt Id into other mediums. He reportedly shunned Steven Spielberg and Norman Lear when they called about adaptations. Producer Andrew Gaty managed to interest Hart in 1987, though his plans for a live-action feature—possibly starring Danny DeVito as the king—never came to fruition.

7. IT WAS A (STRANGE) VIDEO GAME.

In 1984, users of the ColecoVision home computer system were able to pick up a software program with an unwieldy title: The Wizard of Id’s Wiz Math. The edutainment program allowed players to brush up on math skills by solving problems faced by Spookingdorf, the tortured and jailed cast member of the strip. By solving math problems, players could navigate Spookingdorf out of his dungeon. The game was produced by Sierra, which later became known for its King’s Quest and Leisure Suit Larry franchises. A typing game, WizType, was also released.

8. BLONDIE AND BEETLE BAILEY CELEBRATED THE STRIP'S 50TH ANNIVERSARY.

When The Wizard of Id passed the half-century milestone in 2014, the entire comics page came out to celebrate. Hi and Lois featured a portrait of the Wizard in a panel, while Blondie and Family Circus made subtle references to the anniversary. (As modern-day strips, it would be difficult to regard a medieval strip with more overt acknowledgment.) In Beetle Bailey, the perennial screw-up shared a cell with the eternally suffering Spookingdorf.

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