Sep 23, 2024

"The Flash" Star Ezra Miller's Scandals Put Warner Bros. in a Tough Position

by Christopher Hazlehurst | Aug 30, 2022
Ezra Miller at premiere of Justice League Photo Source: Axelle / Bauer-Griffin / Filmmagic / Getty Images

After being the target of several restraining orders, charged with felony burglary, allegedly grooming underage children, and starting what appears to be a cult in Iceland, “The Flash” and “Fantastic Beasts” star Ezra Miller may finally be facing consequences. Warner Bros. Discovery might be taking steps to part with the actor. Miller portrays the superhero The Flash in the studio’s DC Extended Universe, including an upcoming solo blockbuster Flash movie. Warner Bros. has been facing mounting pressure from the public to address the actor’s increasingly bizarre and disturbing behavior.

Questions about Miller have been raised since a video surfaced in 2020 depicting them violently choking a fan. In the subsequent two years, Miller has been charged with multiple crimes and implicated in a number of concerning circumstances, including being accused of grooming young girls and a recent arrest for felony burglary. Most recently, an emergency care order was issued to remove three young children from the custody of their 25-year-old mother who, along with the kids, was staying on Miller’s farm in Vermont. When the police arrived to serve the order, issued because authorities believed the children were being kept under dangerous conditions, the woman and her children were gone. They have yet to be found. Police suspect Miller may be helping the woman evade the emergency care order.

Miller’s situation is another development in the #MeToo era. Powerful members of the Hollywood elite are finally being held accountable for harassment, abuse, and other criminal acts that were largely ignored for decades. The situation resembles when Netflix fired “House of Cards” star Kevin Spacey following accusations of sexual misconduct and “The Ranch” star Danny Masterson, who faces rape charges.

Notably, both Spacey and Masterson were paid for their work in accordance with their contracts because neither contract included a “morals” clause. Networks and studios have expanded the use of “morals” or “morality” clauses in their contracts in order to protect themselves against liability and public scorn. A morality clause essentially stipulates that a party must do nothing to tarnish either party’s reputation or risk termination of the agreement.

Ezra Miller most likely signed such a morality clause, which has become standard for big-budget projects. Sources within Warner Bros. state the company has decided to pause future projects involving the actor, although the company has said precious little about the situation. If the actor was guaranteed several more “Flash” movies and/or related projects, the morals clause would allow Warner Bros. to terminate the contract in light of Miller’s bad acts.

Notably, it appears the company still plans to release the upcoming Flash movie next year. The studio likely does not wish to waste the capital already invested in the project. It’s also possible that the studio’s decision is based in part on the compensation structure for the film. Big-name actors or producers with bargaining power often negotiate a portion of the box office receipts as compensation. Should Warner Bros. shelve the film, anyone with a back-end interest might have grounds to sue the company.

We saw “Black Widow” star Scarlett Johansson sue and subsequently settle with Disney after Disney began streaming the film on Disney+ while it was still in cinemas, which the actress claimed caused a reduction in ticket sales and thus lessened her compensation. Warner Bros. may fear similar liability should they decide not to release The Flash, despite the controversy caused by Ezra Miller. Miller themself might even have a claim if they were guaranteed back-end compensation; it’s not clear that violation of the morals clause would void the compensation due to Miller given that the project has already been filmed and finished.

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Christopher Hazlehurst
Christopher Hazlehurst
Christopher Hazlehurst is a graduate of Columbia Law School, where he also served as Editor of the Columbia Law Review. Throughout his legal career, he has navigated a diverse array of intricate commercial litigation and investigations involving white-collar crime and regulatory issues. Simultaneously, he maintains a strong commitment to public interest cases nationwide. Presently, he holds a license to practice law in California.