Federal Coogan Law
Federal adoption and enforcement of the Coogan Law, AB 1880 (Alanis), and SB 764 (Padilla)
Argument for Making Coogan’s Law a Federal Mandate Under the Ninth Amendment
The Ninth Amendment establishes that rights not explicitly mentioned in the Constitution are nonetheless retained by the people. This principle provides a framework to argue for a federally mandated Coogan Law to protect child performers’ earnings as an unenumerated right essential to their well-being and future autonomy. Here’s how this could be framed:
1. Children Have an Inherent Right to the Fruits of Their Labor
While the Constitution does not explicitly address child labor in the entertainment industry, the fundamental right to own the proceeds of one’s labor is a recognized human and civil right. Coogan’s Law ensures that child performers retain control over a portion of their earnings by requiring that 15% be placed in a protected trust. Without this law being applied federally, children remain vulnerable to financial exploitation, particularly by unscrupulous parents or guardians.
The Ninth Amendment provides a basis for asserting that children inherently possess this right, even if it is not enumerated. Their earnings represent their effort and talent, and safeguarding this ensures they are not deprived of their own work’s benefits.
2. Protection Against Abuse Aligns with Broader Federal Principles
Existing federal laws, such as child labor regulations, recognize the vulnerability of minors and the necessity of uniform protections across all states. However, the entertainment industry operates in multiple states, creating loopholes where children working in states without Coogan-like protections are left unguarded.
A federal Coogan Law would close these gaps and ensure that no child, regardless of their state of residence or employment, is subject to financial exploitation. Without such protection, some parents may deliberately relocate or exploit lax state laws to control their children’s earnings.
3. Parental Exploitation Constitutes a Violation of Personal Autonomy
The Ninth Amendment can be interpreted to protect the autonomy of minors against parental exploitation. When parents misuse their children’s earnings, they deprive their children of their financial autonomy and a secure future. This violates the implicit right of every individual to benefit from their own labor, free from coercion or abuse.
Federal enforcement of Coogan’s Law would provide a uniform mechanism to safeguard these rights, particularly given the disparity in how states currently regulate child actors’ earnings.
4. Consistency Across States is Necessary in a National Industry
The entertainment industry is inherently national, with children working across state lines for productions filmed in multiple locations. A patchwork of state laws creates confusion and inequality in the treatment of child performers. By making Coogan’s Law a federal mandate, the government would establish a consistent standard that applies equally to all child actors, ensuring fairness and eliminating the risks of state-to-state legal loopholes.
5. Ninth Amendment’s Role in Addressing Modern Issues
The Ninth Amendment allows for the recognition of rights that the Founding Fathers could not foresee. In today’s world, child performers face unique challenges that did not exist in the 18th century, such as the potential for global stardom and significant earnings. Applying the Ninth Amendment to mandate Coogan’s Law recognizes the evolving nature of rights and the necessity of adapting protections for children in the modern era.
Legal Precedents Supporting a Federal Mandate for Coogan’s Law Under the Ninth Amendment
The Ninth Amendment provides a framework for recognizing unenumerated rights, but the argument for a federal Coogan Law can be bolstered by legal precedents that highlight the courts’ commitment to protecting vulnerable groups, securing the fruits of labor, and preventing abuse.
1. Protecting Economic Rights of Minors
The case of Prince v. Massachusetts (1944) established the government's ability to regulate child labor for the protection of minors. The Supreme Court ruled that the state has a vested interest in protecting children from exploitation, even within the context of constitutional rights such as religious freedom.
- Relevance: While Prince dealt with labor laws in traditional industries, it provides a legal basis for federal oversight in industries where children are vulnerable to exploitation, such as entertainment. This precedent supports the idea that children have a right to protection from exploitation, whether physical or financial.
2. Establishing Rights to Personal Earnings
The case of Jackie Coogan v. His Parents (1938) directly influenced the creation of California’s Coogan Law. Jackie Coogan, a famous child actor, earned millions of dollars during his career but found himself penniless after his parents spent his earnings. Although the courts ultimately ruled in favor of his parents due to the lack of legal protections, the public outrage from this case led to the first statutory protections for child performers.
- Relevance: The Coogan case demonstrates a historical failure to protect minors’ economic rights and highlights the necessity of government intervention. Federalizing this law would ensure that no child faces similar financial exploitation due to inadequate state laws.
3. Right to Privacy and Autonomy
In Griswold v. Connecticut (1965), the Supreme Court interpreted the Ninth Amendment as safeguarding unenumerated rights, such as the right to privacy in marital decisions. This case marked a broader interpretation of the Constitution, affirming that rights not explicitly mentioned are nonetheless fundamental.
- Relevance: The right of child performers to control a portion of their earnings can be seen as an extension of their right to personal autonomy. By protecting this right, the federal government would prevent parental overreach and safeguard the financial privacy of children.
4. Uniform Protection Across States
The Supreme Court has long emphasized the importance of federal oversight in matters involving interstate commerce or industries with national reach. For instance, Gibbons v. Ogden (1824) established the federal government’s authority to regulate interstate commerce. The entertainment industry, spanning multiple states and countries, falls squarely within this jurisdiction.
- Relevance: A patchwork of state laws creates inequities and loopholes. Federalizing Coogan’s Law would ensure uniform protections for child performers in a nationally integrated industry.
5. Recognizing New Rights for Vulnerable Groups
The case of Brown v. Board of Education (1954) demonstrates the Supreme Court’s willingness to intervene when systemic inequalities harm vulnerable populations. While primarily about racial segregation, the case established the principle that federal action is justified when states fail to protect fundamental rights.
- Relevance: Just as the federal government intervened to protect educational rights in Brown, it should intervene to protect child performers from financial abuse, ensuring equal treatment regardless of the state in which they work.
6. Protecting Against Financial Abuse
The courts have also recognized the government’s role in preventing financial abuse. In Ferguson v. Skrupa (1963), the Supreme Court upheld a state’s right to regulate industries that posed risks of exploitation, affirming the government’s ability to impose financial protections.
- Relevance: Parental mismanagement of child performers’ earnings constitutes financial abuse. A federal Coogan Law would serve the same protective purpose as other regulations aimed at preventing exploitation.
Conclusion:
The Ninth Amendment’s protection of unenumerated rights, combined with legal precedents emphasizing the protection of minors, financial autonomy, and federal intervention in national industries, makes a compelling case for a federal Coogan Law. Courts have consistently supported the government’s role in safeguarding vulnerable populations from exploitation, whether physical, emotional, or financial.
Continued Reading:
https://www.sagaftra.org/membership-benefits/young-performers/coogan-law