Absence of Malice
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''Absence of Malice'' is a 1981 American
drama Drama is the specific mode of fiction represented in performance: a play, opera, mime, ballet, etc., performed in a theatre, or on radio or television.Elam (1980, 98). Considered as a genre of poetry in general, the dramatic mode has been ...
neo noir Neo-noir is a revival of film noir, a genre that had originally flourished during the post-World War II era in the United Statesroughly from 1940 to 1960. The French term, ''film noir'', translates literally to English as "black film", indicating s ...
thriller film Thriller film, also known as suspense film or suspense thriller, is a broad film genre that evokes excitement and suspense in the audience. The suspense element found in most films' plots is particularly exploited by the filmmaker in this genre ...
directed by
Sydney Pollack Sydney Irwin Pollack (July 1, 1934 – May 26, 2008) was an American film director, producer and actor. Pollack directed more than 20 films and 10 television shows, acted in over 30 movies or shows and produced over 44 films. For his film ''Out ...
and starring
Paul Newman Paul Leonard Newman (January 26, 1925 – September 26, 2008) was an American actor, film director, race car driver, philanthropist, and entrepreneur. He was the recipient of numerous awards, including an Academy Award, a BAFTA Award, three ...
,
Sally Field Sally Margaret Field (born November 6, 1946) is an American actress. She has received many awards and nominations, including two Academy Awards, three Primetime Emmy Awards, two Golden Globe Awards, a Screen Actors Guild Award, a Cannes Film F ...
,
Wilford Brimley Anthony Wilford Brimley (September 27, 1934 – August 1, 2020) was an American actor. After serving in the U.S. Marine Corps and working odd jobs in the 1950s, Brimley started working as an extra and stuntman in Western films in the la ...
,
Melinda Dillon Melinda Dillon (born October 13, 1939) is a retired American actress. She received a 1963 Tony Award nomination for her Broadway debut in the original production of ''Who's Afraid of Virginia Woolf?'', and she was nominated for the Academy Award ...
and
Bob Balaban Robert Elmer Balaban (born August 16, 1945) is an American actor, author, comedian, director and producer. He was one of the producers nominated for the Academy Award for Best Picture for ''Gosford Park'' (2001), in which he also appeared. Balab ...
. The title refers to one of the defenses against
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, and is used in journalism classes to illustrate the conflict between disclosing damaging personal information and the public's right to know.Absence of Malice (1981)
When bad journalism kills, By Lauren Kirchner, Columbia Journalism Review, July 15, 2011


Plot

Miami liquor wholesaler Michael Gallagher (
Paul Newman Paul Leonard Newman (January 26, 1925 – September 26, 2008) was an American actor, film director, race car driver, philanthropist, and entrepreneur. He was the recipient of numerous awards, including an Academy Award, a BAFTA Award, three ...
), who is the son of a deceased criminal, awakens one day to find himself a front-page story in the local
newspaper A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as politics, business, sports a ...
. The paper indicates that he is being investigated in the disappearance and presumed
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
of a local longshoreman's
union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...
official, Joey Diaz. The story was written by ''Miami Standard'' newspaper reporter Megan Carter (
Sally Field Sally Margaret Field (born November 6, 1946) is an American actress. She has received many awards and nominations, including two Academy Awards, three Primetime Emmy Awards, two Golden Globe Awards, a Screen Actors Guild Award, a Cannes Film F ...
), who reads it from a file left intentionally on the desktop of federal prosecutor Elliot Rosen (
Bob Balaban Robert Elmer Balaban (born August 16, 1945) is an American actor, author, comedian, director and producer. He was one of the producers nominated for the Academy Award for Best Picture for ''Gosford Park'' (2001), in which he also appeared. Balab ...
). As it turns out, Rosen is doing a bogus investigation and has leaked it with the purpose of squeezing Gallagher for information. Gallagher comes to the newspaper's office trying to discover the basis for the story, but Carter does not reveal her source. Gallagher's business is shut down by union officials who are now suspicious of him since he has been implicated in Diaz's murder. Local crime boss Malderone, Gallagher's uncle, has him followed, just in case he talks to the government. Teresa Perrone (
Melinda Dillon Melinda Dillon (born October 13, 1939) is a retired American actress. She received a 1963 Tony Award nomination for her Broadway debut in the original production of ''Who's Afraid of Virginia Woolf?'', and she was nominated for the Academy Award ...
), a lifelong friend of Gallagher, tells the reporter that Gallagher could not have killed Diaz because Gallagher took her out of town to get an
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
that weekend. A devout
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, she does not want Carter to reveal the abortion, but Carter includes it in the story anyway. When the paper comes out the next morning, Perrone picks up the copies from her neighbors' yards before they can be read. Later, offscreen, she kills herself. The paper's editor tells Carter that Perrone has died by suicide. Carter goes to Gallagher to apologize, but an enraged Gallagher assaults her. Nevertheless, she attempts to make it up to him by revealing Rosen's role in the investigation. Gallagher hatches a plan for revenge. He arranges a secret meeting with District Attorney Quinn (Don Hood), offering to use his organized-crime contacts to give Quinn exclusive information on Diaz's murder in exchange for the D.A. calling off the investigation and issuing a public statement clearing him. Both before his meeting with Quinn and after Quinn's public statement, Gallagher makes significant anonymous contributions to one of Quinn's political action committee backers. Gallagher, thankful for Carter's help, also begins a love affair with her. Rosen is mystified by Quinn's exoneration of Gallagher, so he places phone taps on both and begins a surveillance of their movements. He and federal agent Bob Waddell obtain evidence of Gallagher's donations to Quinn's political committee. They also find out about Gallagher and Carter's relationship. Waddell, as a friend, warns Carter about the investigation to keep her out of trouble. But she breaks the story that the federal strike force is investigating Gallagher's attempt to bribe the D.A. The story makes the front page again and causes an uproar over the investigation of the District Attorney. Assistant
US Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
Wells (
Wilford Brimley Anthony Wilford Brimley (September 27, 1934 – August 1, 2020) was an American actor. After serving in the U.S. Marine Corps and working odd jobs in the 1950s, Brimley started working as an extra and stuntman in Western films in the la ...
) ultimately calls all of the principals together. He offers them a choice between going before a grand jury and informally making their case to him. Rosen questions Gallagher but it quickly becomes apparent that he has no case, and Carter reveals that Rosen left the file on Gallagher open on his desk for her to read. After the truth comes out, Wells suggests Quinn resign as Gallagher's legal donations to Quinn's political committee cast suspicions on Quinn's motives in issuing his statement clearing Gallagher. Wells also suspects that Gallagher set everything up, but cannot prove it, so he will not investigate further. Attempting to rebuke Gallagher, Wells tells him not to "get too smart," noting that he himself is "a pretty smart fella" to which Gallagher replies: "Everybody in this room is pretty smart and everybody is just doing their job. And Teresa Perrone is dead... Who do I see about that?" Finally, Wells fires Rosen for malfeasance. The newspaper now prints a new story written by a different reporter revealing details of the incidents. It is unclear whether Carter keeps her job, or whether Carter's relationship with Gallagher will continue, but the final scene shows them having a cordial conversation on the wharf where Gallagher's boat is docked before he sails away and leaves the city.


Cast


Production

The movie was written by
Kurt Luedtke Kurt Luedtke (; September 28, 1939August 9, 2020) was an American screenwriter and executive editor of the ''Detroit Free Press''. He wrote ''Out of Africa'' (1985), for which he won the Academy Award for Best Adapted Screenplay. He also wrote ' ...
, a former newspaper editor, and
David Rayfiel David Rayfiel (September 9, 1923 – June 22, 2011) was an American screenwriter and frequent collaborator of director Sydney Pollack. Life Rayfiel was born in Brooklyn, New York and educated at Brooklyn College. His father was congressman Leo ...
(uncredited). Newman said that the film was a "direct attack on the ''
New York Post The ''New York Post'' (''NY Post'') is a conservative daily tabloid newspaper published in New York City. The ''Post'' also operates NYPost.com, the celebrity gossip site PageSix.com, and the entertainment site Decider.com. It was established ...
''," which had earlier published a caption for a photo of Newman that he said was inaccurate. Because of the dispute, the ''Post'' banned Newman from its pages, even removing his name from movies in the TV listings.


Reception


Critical response

''Absence of Malice'' received mostly positive reviews. Newman and Dillon's performances were praised, as was Brimley's cameo. Many reviewers compared the film to the 1976
Oscar Oscar, OSCAR, or The Oscar may refer to: People * Oscar (given name), an Irish- and English-language name also used in other languages; the article includes the names Oskar, Oskari, Oszkár, Óscar, and other forms. * Oscar (Irish mythology), ...
–winner ''
All the President's Men ''All the President's Men'' is a 1974 non-fiction book by Carl Bernstein and Bob Woodward, two of the journalists who investigated the June 1972 break-in at the Watergate Office Building and the resultant political scandal for ''The Washington ...
''. In his review, ''Time'' magazine's Richard Schickel wrote "''Absence of Malice'' does not invalidate ''All the President's Men''. But with entertainment values – and a moral sense – every bit as high as that film's, it observes that there is an underside to journalistic gallantry." Similarly, ''Variety'' called it "a splendidly disturbing look at the power of sloppy reporting to inflict harm on the innocent." The ''Chicago Sun-Times Roger Ebert wrote that some may take the approach "that no respectable journalist would ever do the things that Sally Field does about, to, and with Paul Newman in this movie. She is a disgrace to her profession." Instead he preferred a "romantic" approach, writing that he "liked this movie despite its factual and ethical problems" and was not "even so sure they matter so much to most viewers". Janet Maslin of ''The New York Times'' found the movie "lacking in momentum", but praised its "quiet gravity". Dave Kehr of the ''Chicago Reader'' disliked ''Absence of Malice'', writing that "the picture has a smug, demoralizing sense of pervasive corruption". Although
Pauline Kael Pauline Kael (; June 19, 1919 – September 3, 2001) was an American film critic who wrote for ''The New Yorker'' magazine from 1968 to 1991. Known for her "witty, biting, highly opinionated and sharply focused" reviews, Kael's opinions oft ...
described the film as only "moderately entertaining", she offered higher praise for Newman's "sly, compact performance" and particularly for "the marvelously inventive acting of Melinda Dillon". Rotten Tomatoes gives the film a score of 81% based on reviews from 26 critics, with an average score of 6.79/10.


Academic use

''Absence of Malice'' has been used in journalism and public administration courses to illustrate professional errors such as writing a story without seeking confirmation and having a romantic relationship with a source.


Box office

The film was a box office success. ''Film Comment'' said "It was the first picture in ages that had Newman playing opposite a strong female co-star in a romantic vein and Columbia astutely capitalized on public desire to see Newman in such a role again." Seventh Annual Grosses Gloss Meisel, Myron. Film Comment; New York Vol. 18, Iss. 2, (Mar/Apr 1982): 60-66,80.


Accolades


References


External links

* * * {{Sydney Pollack 1981 films American crime drama films 1980s English-language films Films scored by Dave Grusin Films directed by Sydney Pollack Films set in Coral Gables, Florida Films set in Miami 1981 crime drama films Films about miscarriage of justice American films about revenge Films about journalists Films shot in Miami 1980s American films