Real Lawyer Reacts to Star Trek TNG Measure of a Man (Picard Defends Data’s Humanity) // LegalEagle

Is Data machine or man?!?!?!

By popular request, one of the greatest episodes of Star Trek The Next Generation!

When Starfleet officer Maddox orders Data’s disassembly for research purposes, Data is thrust into a legal battle to determine if he is entitled to the rights enjoyed by sentient beings. Data tries to resign his commission but Starfleet won’t let him. Worse, against his will, Commander Riker is ordered to advocate against Data. Captain Picard must defend Data in a trial for his life.

Is it a realistic trial? Does Data deserves all the rights and privileges of a Starfleet officer? IS DATA A REAL PERSON?!

"The Measure of a Man" is the ninth episode of the second season of Star Trek: The Next Generation.

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★More series on LegalEagle★

I get asked a lot about whether being a practicing attorney is like being a lawyer on TV. I love watching legal movies and courtroom dramas. It's one of the reasons I decided to become a lawyer. But sometimes they make me want to pull my hair out because they are ridiculous.

Today I'm taking a break from representing clients and teaching law students how to kick ass in law school to take on lawyers in the movies and on TV. While all legal movies and shows take dramatic license to make things more interesting (nobody wants to see hundreds of hours of brief writing), many of them have a grain of truth.

This is part of a continuing series of "Lawyer Reaction" videos. Got a legal movie or TV show you'd like me to critique? Let me know in the comments!

All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

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[chcikety]

Objection! Data's jumpsuit is technically his military uniform, which is proper court attire.

[JodySalerno]

Objection: Data's "yellow jumpsuit" is his Starfleet uniform and his decorations in Starfleet are an important part of his counsel's case.

[drakesavory]

I always thought Picard should have objected and say, "I'll turn a human off too." and knock Riker unconcious.

[johntaggart]

"Starfleet was founded to seek out new life. Well, there it sits!"
Such a powerful line in one of ST:TNG's best speeches. While technically not a good legal tactic in a courtroom, this speech truly defines the question of what Starfleet means by "seeking out new life", and demonstrates Picard's commitment to that principle.

[pelewads]

By giving him a command rank, and placing biological individuals beneath him, Star Fleet had already answered this question.

[floriandanna]

Objection: There is no stenographer present... I would assume this whole proceeding is holoregistered, thus the judge's nod would actually be enough to enter the bar into evidence.

[abherbitter]

Objection!

You skipped over the scene where Piccard requires Data's full service record to be read. This was a great move by his defense.

[stefanlaskowski]

This is not really a trial, but a military tribunal or hearing. It's bound to have some differences than civilian versions, not to mention that ST:TNG takes place some 300 years in the future and laws will certainly have evolved somewhat.

All in all, one of Star Trek's better episodes.

[chloejessica]

i think when Picard objected to Data's hand being removed, it was out of sheer outrage for his friend being demeaned in such a way. then he realized that that wouldn't carry any legal weight and withdrew it.

[thegardenofeatin]

Objection! A non-verbal nod will likely suffice in a Starfleet court room as the record is no doubt recorded holographically.

[rogersmj]

“I think these questions would have been solved when Data entered Starfleet...” Well yeah, and if not then, then presumably before he rose to the rank of Lt. Commander and third in command of the fleet’s flagship.

[jonblumenfeld]

The writer of this episode, Melinda Snodgrass, actually went to law school and worked (briefly) as a lawyer. Also, the idea of the commanding officer defending and the next highest ranking officer prosecuting is how it works in the US Navy when no JAG officers are available - for example when the ship is at sea far from any port. C+ seems a little harsh, especially when you take into account the dramatic license necessary for a TV show, which you acknowedge.

[lakkakka]

Objection. The trial wasn't about data being human. It is clear he isn't. The question for the court to find an answer to is "Is Data and should Data have the rights of a sentient life form or a mere tool?".

[Skullbash]

“Sentient beings don’t bring onesies to a court”, literally a court full of people wearing their onesie STARFLEET UNIFORMS

[Shanbo]

"Can't see a reason for that objection"

How about, "My crew member shouldn't have to be dismembered by the prosecution?"

[howardallan]

Data was already recognized as a person. They didn't give the computer core of the ship a military rank. Data has rank, therefore he is a member of his crew also recognized as a person. You should also take a look at the episode Lal.

[KingBobXVI]

"You generally don't want to do that"
_furiously taking notes_
Don't... remove... defendant's... hand... ...Got it! Thanks for the very much legal advice :P

[rfrolicarts]

The writer of the screenplay, Melinda Snodgrass, was a lawyer for three years before quitting to become a science fiction writer.

[saschaschneider]

"... Your honor, Starfleet was founded to seek out new life: well, there it sits! Waiting." - This Episode contains one of many considerable speeches in Star Trek. I get goose bumbs every time i watch it.

[princessakhana]

I'm always surprised that they fail to bring up the point that Data paints. He doesn't just copy other artwork, he creates his own unique compositions with many artistic techniques found across all possibilities. It's spawned from originality, it's not prompted by other people telling a machine that they want a self-portrait in a certain style, for example.