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.

Early Aquaman Screenings Are Yet Another Amazon Prime Member Perk

Warner Bros. Pictures // DC Comics
Warner Bros. Pictures // DC Comics

The DC Extended Universe's next film Aquaman is a little over a month away from landing in theaters, but for some lucky fans that premiere date has just moved up.

According to ComicBook, Amazon is teaming up with Regal, Cinépolis, ArcLight, and a handful of other movie theater chains to offer early screenings exclusively for Amazon Prime members on December 15—almost a full week ahead of the film's official December 21 release date.

The hype is real for the Jason Momoa-led film. Unlike previous DC films that have flopped, such as Batman vs. Superman: Dawn of Justice, and Justice League, Aquaman's early reviews have been very ​positive, and fans are excited to see what acclaimed director James Wan can bring with this new spin on the DC character.

Of course if the film does well, there will be room for sequels. And Momoa has already expressed a strong desire to keep the series going, even revealing that he has big plans for the next film (should it get made).

“Even when we were shooting Aquaman, I have the opening of Aquaman 2 ready, Momoa recently ​​told SYFY WIRE. "I went in and pitched it to [producer Peter] Safran, and I pitched it to [Warner Bros. chairman] Toby Emmerich. They loved it. It’s awesome ... But yeah, I have plans for Aquaman 2.”

It's great to see a DC star so passionate about his role, especially considering one or two others (cough, Ben Affleck) seemed to want to jump ship when things didn't go as planned. So here's hoping that Aquaman is a smash, and that fans take advantage of these early screenings. The DCEU needs you!

Stan Lee Column Calling Out the Dangers of Racism Resurfaces 50 Years Later

Frazer Harrison, Getty Images
Frazer Harrison, Getty Images

Fans looking to celebrate the work of Stan Lee following his death on Monday, November 12 have a lot to choose from. In addition to his enormous impact in the worlds of comic books, movies, and television, Lee was also a vocal supporter of civil rights. Now, 50 years after it was originally published, a column by Lee denouncing the dangers of racism has resurfaced on the web.

The column, part of his recurring back-of-the-comic segment "Stan's Soap Box," first appeared in 1968, according to Mashable. In it, Lee wrote that "Bigotry and racism are among the deadliest social ills plaguing the world today," and "The only way to destroy them is to expose them—to reveal them for the insidious evils they really are."

The full piece was recently shared in a tweet by filmmaker and writer Siddhant Adlakha. You can read it below.

The column was published at the tail-end of the Civil Rights Movement and the same year Dr. Martin Luther King Jr. was assassinated. Lee's words have continued to hold their relevance throughout the decades, with Lee himself sharing the article in a since-deleted tweet following the racially-charged violence that erupted in Charlottesville, Virginia in August 2017.

Numerous Stan Lee stories and creations have reached icon status over his 95-year life, but there are many interesting tidbits from his life that are less well-known. Here are some facts about the late comic book legend.

[h/t Mashable]

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