Roe v. Wade Reversal’s Implications For Hollywood

Contributing Author: Bryan Sullivan

Last month’s Supreme Court decision to overturn Roe v. Wade, allowing states the option to legally ban abortion, led to a significant wave of disappointment in the country, with many prominent individuals and corporations criticizing the ruling and its implications for America.

Hollywood is no exception. High-profile entertainment companies including NetflixNFLX
, Walt DisneyDIS
Co., and ParamountPARA
have come forward to release statements on their pledge to offer financial reimbursement for employees needing to travel for abortion services. Masses of high-profile individuals in the industry have publicly spoken out to criticize the ruling. (To name a few – Meghan Markle, Maya Hawke, Kim Kardashian, Taylor Swift, Viola Davis, Bette Midler, Jonathan Van Ness, Mariah Carey, Laura Prepon, Katy Perry, Billie Eilish… but I could go on.) The point is that we are seeing a lot of big Hollywood players who are justifiably angry, and some of them are even taking professional stances against pro-life states.

For example, a number of A-list actors are now refusing to accept roles that require filming in states banning abortions. This is beginning to create some conflict in the industry, especially when considering that some states that enacted abortion restrictions (or intend to) have become hotspots for entertainment productions. Most notably, Georgia has been a key production location for hits including The Walking Dead, Black Panther, Spider-Man: No Way Home, and Stranger Things, and it remains an attractive option for films and television series to come.

While Georgia is sought after due to its generous stance on tax credits, it is also a controversial option. In 2019, its governor signed the Georgia LIFE Act (more commonly known as the “heartbeat bill”), banning abortions as soon as a heartbeat can be detected. This can occur as early as six weeks into the pregnancy, often before a pregnant individual is even aware of the pregnancy. Though the heartbeat bill was ruled unconstitutional at the time, it is expected that this ruling will be overturned in light of the Supreme Court’s decision to overturn Roe v. Wade.

The heartbeat bill’s 2019 introduction caused major entertainment companies including Netflix, NBCUniversal, AMC NetworksAMCX
, and Sony to release statements at the time indicating their intentions to reevaluate Georgia as a production location if the bill were to go into effect. Three years later, production in Georgia has since boomed, and it is difficult to determine whether these stances will remain if and when the Roe v. Wade reversal does affect Georgia (A.K.A the “Hollywood of the South”).

Two years after it passed the controversial heartbeat bill, during the 2021 fiscal year, Georgia set a record of $4 billion in spending from the film and television industry on state productions. It is by far the most attractive state for film and television production in terms of tax credits, and in 2021, it distributed $1.2 billion in tax credits for film and television productions, beating out other sought-after production locations including California and New York. As of right now, there is no sign of Georgia’s film and television success slowing down.

Though there may be more leeway in other pro-life states that are less attractive to film in, the momentum Georgia has built in film and television production in recent years leaves room for skepticism on whether the state’s abortion ban will have any significant effect on its role in Hollywood as a premier filming location. Despite the vocal protests against the abortion ban, the tax breaks might be too strong for media companies to overlook – even if it means missing out on some of the best talent.

Bryan Sullivan, Partner at Early Sullivan Wright Gizer & McRae, advises and represents his clients as a legal strategist in all their business affairs. He has significant experience on the litigation and appeals side of the practice, as well as with entertainment and intellectual property contracts, investment and financing agreements, and corporate structure documents on the dealmaking side.