STAR TREK: THE NEXT GENERATION "The Measure of a Man" #40272-135 Written by Melinda Snodgrass Directed by Robert Scheerer THE WRITING CREDITS MAY NOT BE FINAL AND SHOULD NOT BE USED FOR PUBLICITY OR ADVERTISING PURPOSES WITHOUT FIRST CHECKING WITH THE TELEVISION LEGAL DEPARTMENT. Copyright 1988 Paramount Pictures Corporation. All Rights Reserved. This script is not for publication or reproduction. No one is authorized to dispose of same. If lost or destroyed, please notify the Script Department. 2ND REV. FINAL DRAFT DECEMBER 14, 1988 STAR TREK: "The Measure of a Man" - 12/14/88 - CAST STAR TREK: THE NEXT GENERATION "The Measure of a Man" CAST PICARD CAPTAIN PHILLIPA LOUVOIS RIKER ADMIRAL NAKAMURA (MALE) DATA COMMANDER BRUCE MADDOX PULASKI TROI Voice-Over GEORDI COMPUTER VOICE WORF WESLEY GUINAN O'BRIEN Non-Speaking CREWMEMBERS Voice-Over COMPUTER VOICE STAR TREK: "The Measure of a Man" - 12/14/88 - SETS STAR TREK: THE NEXT GENERATION "The Measure of a Man" SETS INTERIORS EXTERIORS USS ENTERPRISE USS ENTERPRISE MAIN BRIDGE STARBASE 173 TRANSPORTER ROOM CORRIDOR TURBOLIFT CAPTAIN'S READY ROOM DATA'S QUARTERS OBSERVATION LOUNGE GYMNASIUM COMPUTER ROOM TEN-FORWARD STARBASE 173 RESTAURANT JUDGE ADVOCATE GENERAL'S OFFICE COURTROOM LOUNGE STAR TREK: "The Measure of a Man" - 12/14/88 - TEASER 1. STAR TREK: THE NEXT GENERATION "The Measure of a Man" TEASER FADE IN: 1 EXT. SPACE - THE ENTERPRISE (OPTICAL) in route to Starbase one-seven-three. PICARD (V.O.) Captain's log, stardate 42523.7. We are in route to newly established Starbase one-seven-three for port call. Crew rotation is scheduled, and we will offload experiment modules. 2 thru OMITTED 3 3A INT. ENTERPRISE - DATA'S QUARTERS RIKER is seated shuffling cards. O'BRIEN, GEORDI and DATA pulling out chairs. Data wears an eyeshade. Data is almost into the chair when O'Brien stops him. O'BRIEN Hold it, that's my chair. My luck is always lousy unless I start on the dealer's left. DATA That would seem to be rank superstition. O'BRIEN Bitter experience has taught me it's a fundamental truth. RIKER (slapping the cards down in front of O'Brien who cuts them) The game is five card stud, nothing's wild. STAR TREK: "The Measure of a Man" - 12/14/88 - TEASER 2. 3A CONTINUED: DATA This game is exceedingly simple. With only fifty-two cards, seventeen of which I will see, and four players there are a limited number of possible winning combinations. GEORDI There's more to it than just the cards. DATA The bets will give an indication of the relative strengths of each hand. O'BRIEN (with a wink to Riker) Time to pluck a pigeon. Riker deals the cards. Betting begins with O'Brien, and proceeds around the table. The third card is dealt. O'Brien and Geordi pass, Data and Riker bid. Fourth card, more bids and passes. Fifth card. Bets are placed. Riker grins. GEORDI I think I'm in trouble. He folds. RIKER I'll raise five. O'BRIEN Too rich for me. He tosses his cards. DATA I will raise you three. RIKER Your three and five more. Data is becoming increasingly puzzled. He considers his cards, Riker's cards, considers the pot, studies Riker's face. STAR TREK: "The Measure of a Man" - 12/14/88 - TEASER 3. 3A CONTINUED: (2) DATA Is this what is known as the poker face? RIKER Are you playing or not? DATA I will fold. Riker rakes in the chips, then turns over his cards revealing a busted hand. Data turns his cards face up. He held a winning hand. DATA (continuing) You had nothing. GEORDI He bluffed you, Data. DATA It makes very little sense to bet when you cannot win. RIKER But I did win. I was gambling that you wouldn't call. DATA But how can you tell? O'BRIEN Instinct, Data, instinct. (he shuffles the cards) The game is seven card high/low with a buy on the last card. And just to make it interesting the man with the axe takes all. Data is looking completely bemused as the cards are dealt. 3B OMITTED 3C EXT. SPACE - THE ENTERPRISE (OPTICAL) docking at Starbase one-seven-three. STAR TREK: "The Measure of a Man" - 12/14/88 - TEASER 4. 3D INT. STARBASE 173 - RESTAURANT It's very high tech. PICARD sits alone at a table. Before him is a cup. He suddenly straightens in his chair as a beautiful WOMAN in her late forties enters. She is in a Starfleet uniform which clearly is a surprise to Picard. She is very poised, very professional, and she scans the room as if searching for someone. Her eyes light on Picard; and a funny, ironic little smile curves her lips. Picard rises and walks up to the passway to join her. 3E ANOTHER ANGLE PICARD (with a little edge on the words) My God, if it isn't Phillipa Louvois, back in uniform. PHILLIPA Don't gloat, Picard. It's almost more irritating then when you're being self-righteous. PICARD Unbelievable, after all this time, and we're picking up the threads of old fights as if we'd never been apart. PHILLIPA Ain't love wonderful. FADE OUT. END OF TEASER STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 5. ACT ONE FADE IN: A4 EXT. SPACE - THE ENTERPRISE (OPTICAL) in dock at Starbase one-seven-three. 4 INT. STARBASE 173 - LOUNGE Phillipa and Picard standing on the pass-through. PICARD What are you doing out here? PHILLIPA I'm in charge of the Sector twenty-three JAG office. I'll be making some good law. (a rueful smile) And maybe do a little good along the way, too. What do you think? PICARD Anything is possible. You returned to Starfleet. PHILLIPA I had to, it's the most exciting and worthwhile place to be. PICARD You didn't have to leave. PHILLIPA They forced me out. PICARD No. That was your own damn stubborn pride. PHILLIPA (becoming heated) When I prosecuted you in the Stargazer court-martial I was doing my job. PICARD No, you went way beyond doing the job. You enjoyed it. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 6. 4 CONTINUED: PHILLIPA Not true! A court-martial is standard when a ship has been lost. I had a duty as an officer in the Judge Advocate General. PICARD Flummery, you've always enjoyed the adversarial process more than arriving at the truth. They both seem to realize that they are skating dangerously close to very thin ice. They literally physically turn away from each other while they recover their tempers. Picard continues a little gruffly: PICARD (continuing) Well, I hope you've learned a little wisdom. PHILLIPA (lightly) Watch it, you're doing it again. PICARD (forcing a smile, and we see the tension leech from his body) I'm not being self-righteous. Merely right. PHILLIPA A distinction, I would submit, without a difference. PICARD Come and sit down. As they walk down off the pass-through and seat themselves she says: PHILLIPA I can't stay long. I'm meeting someone for dinner. PICARD But he hasn't arrived yet. PHILLIPA What makes you think it's a man? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 7. 4 CONTINUED: (2) PICARD Past experience. PHILLIPA Cute. Try to remember that you're an officer and a gentleman. (she rises) You know, I never thought I would say this, but it is good to see you again. You're still a damn sexy man, Picard. This rocks him back in his chair. PHILLIPA (continuing; very brisk) So buy me dinner. PICARD I thought you were meeting someone? ADMIRAL NAKAMURA enters. With him is BRUCE MADDOX. They cross to the table. PHILLIPA (struggling with herself) Once again you're always right, Jean-Luc. Phillipa whirls for a grand exit, and almost bumps noses with Nakamura. PHILLIPA (continuing) Admiral. NAKAMURA Captain Louvois. You're acquainted with Captain Picard? PHILLIPA Yes, we're old... friends. Phillipa exits. NAKAMURA Captain, good to see you again. May I present Commander Bruce Maddox. He has an interesting proposal for you. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 8. 4 CONTINUED: (3) Nakamura and Maddox exchange glances. NAKAMURA (continuing) But that can wait until later. I'm eager to see the Enterprise. Picard looks from Nakamura to Maddox. Whatever this "proposal" is, it is going to have import for himself and his ship. 4A EXT. SPACE - THE ENTERPRISE as before, docked at Starbase one-seven-three. 5 INT. TRANSPORTER ROOM (OPTICAL) Riker watches as Picard, Admiral Nakamura, and Maddox BEAM ABOARD. SOUND EFFECT in the b.g. as Nakamura is piped aboard. PICARD Admiral, Commander Maddox, allow me to introduce my first officer, Commander William Riker. NAKAMURA Pleasure, Commander. They shake hands and begin walking toward the doors. PICARD How long has it been since we've seen each other? NAKAMURA You'd just been assigned as an ensign aboard the old Reliant. PICARD (lightly) Oh yes, and I seem to remember a certain young lieutenant who had harsh words about snap inspections, and the admirals who pulled them. NAKAMURA The situation changes when you've got the admiral's stripes. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 9. 5 CONTINUED: The party steps through the doors and into the Enterprise corridor. 6 INT. CORRIDOR NAKAMURA There isn't an officer in Starfleet who wouldn't give his right leg to be where you are -- Captain of the Starship Enterprise. I'm no different. I just have the power to get aboard. PICARD Happy to have you, Admiral. They enter the turbolift. 7 INT. TURBOLIFT PICARD Bridge. Congratulations on your appointment. Command of a Starbase. NAKAMURA Thank you, but I miss a ship. A bit of advice, Captain. Don't ever become an admiral. They make you an administrator. They arrive, and step out onto the bridge. 8 INT. MAIN BRIDGE RIKER Admiral on the bridge. On the bridge are Riker, WORF, Data, and WESLEY. Everyone stiffens slightly, and looks around. Maddox and Data lock eyes, and Data stands. Picard and Nakamura converse as they tour the bridge. Riker notices the by-play and frowns. PICARD I was a little surprised at the decision to put a base in force this close to the Neutral Zone. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 10. 8 CONTINUED: NAKAMURA As you know, we've had disturbing news from both sides of the zone. We're here to respond as needed. And it won't hurt to have the Romulans know we're nearby. They complete their circuit of the bridge. NAKAMURA (continuing) Well, Captain, I thank you for this opportunity. For five hundred years ships who've borne the name Enterprise have been a legend. This one is no different. MADDOX (impatiently) Admiral. NAKAMURA Oh yes, Captain. Commander Maddox is here to do some work on your android. Please take care of him. PICARD Lieutenant Worf. He indicates and Worf escorts the admiral off the bridge. MADDOX How have you been, Data? DATA My condition does not alter with the passage of time, Commander. PICARD The two of you are acquainted? MADDOX Yes, I evaluated Data when it first applied to the Academy. DATA And were the sole member of the committee to oppose my entrance on the grounds that I was not a sentient being. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 11. 8 CONTINUED: (2) PICARD What exactly will this work entail? MADDOX I'm going to disassemble Data. PICARD (pausing for a beat to assimilate this) I think we will remove this discussion to the lounge. Riker, Maddox, Data, and Picard walk to the doors. 8A INT. OBSERVATION LOUNGE (OPTICAL) Everyone seated around the table. PICARD Explain this procedure. MADDOX Ever since I first saw Data at its entrance evaluation at Starfleet Academy, I've wanted to understand it. I became a student of the works of Doctor Noonien Soong -- Data's creator. I've tried to continue his work, and I believe I am very close to the breakthrough which will enable me to duplicate Soong's work and replicate this. (Maddox points to Data) But as a first step I must disassemble and study it. Data is going to be my guide. PICARD Data? DATA It sounds intriguing. PICARD How will you proceed? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 12. 8A CONTINUED: MADDOX I'll run a full diagnostic on Data, evaluating the condition of its software. I'll then dump its core memory into the starbase mainframe computer and begin a detailed analysis of its construction. DATA You have constructed a positronic brain? MADDOX Yes. DATA Have you determined how the electron resistance across the neural filaments is to be resolved? MADDOX Not precisely. DATA That would seem to be a necessary first step. MADDOX I'm confident that I'll have the answer once I've examine the filament links in your anterior cortex. DATA But if the answer is not forthcoming, your model will not function. MADDOX I don't anticipate a problem. PICARD You seem a little vague on the specifics. What are the risks to Commander Data? MADDOX Negligible. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT ONE 13. 8A CONTINUED: (2) DATA (to Picard) His basic research lacks the specifics necessary to support an experiment of this magnitude. PICARD Data is a valued member of my bridge crew. Based on what I've heard I cannot allow him to submit to your experiment. MADDOX I thought this might be your attitude, Captain. (he removes a message disk from his pocket, and extends it to Picard) Here are Starfleet's transfer orders separating Commander Data from the Enterprise, and reassigning it to Starbase one-seven-three under my command. Data, I'll expect you in my office at nine hundred hours tomorrow. Focus on Picard as we: FADE OUT. END OF ACT ONE STAR TREK: "The Measure of a Man" - 12/14/88 - ACT TWO 14. ACT TWO FADE IN: 9 INT. CAPTAIN'S READY ROOM - VIEWSCREEN (OPTICAL) Admiral Nakamura on the screen. Picard eyes him with some hostility. NAKAMURA Look, it's a transfer, like any other transfer. PICARD No, it's not. This is one of my key officers, and he's been removed without consulting me. NAKAMURA I'm sorry about that, but Commander Maddox's work in robotics is considered critical by Starfleet Command. Think what's at stake here. If Commander Maddox can succeed in duplicating Noonien Soong's work other captains on other ships would have the advantage you now enjoy: a Data on every bridge. You don't want Data transferred, fine. There's an easy solution. Have him work with Commander Maddox. Nakamura out. Picard stares at the blank viewscreen, then rises and paces the room. The DOOR CHIME SOUNDS arresting him in his nervous preambulations. PICARD Come. Data enters. DATA You sent for me, sir? Picard returns to his desk, seats himself, and regards Data intently. PICARD Please, sit down. We've got a problem. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT TWO 15. 9 CONTINUED: DATA I find myself in agreement with that assessment of the situation, sir. PICARD Your service to this ship has been exemplary. I don't want to lose you. DATA I am pleased to hear you say so. Thank you. PICARD There is a solution which presents itself. DATA Yes, sir? PICARD Undergo the procedure, then the transfer order becomes moot. DATA I will not submit to this procedure. Picard rises, and seats himself on the corner of the desk, closing the distance with Data. PICARD Data, I understand your objections to this procedure, but I also have to consider Starfleet's interests. If Commander Maddox is correct there is a possibility that many more beings such as yourself could be constructed. DATA True, but possibility is a word which can encompass any number of outcomes -- good and bad. PICARD But if he's right, Starfleet would be immeasurably enriched. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT TWO 16. 9 CONTINUED: (2) DATA Captain, I am a Starfleet officer. Can they force me to do this? PICARD It's precisely because you are a Starfleet officer that they can. We take an oath to serve. In this case this is the form your service is taking. DATA Sir, Lieutenant La Forge's eyes are far superior to human biological eyes, true? PICARD Yes. DATA Then why are not all human officers required to have their eyes replaced with cybernetic implants? Picard is utterly at a loss for words. We can see the confusion on his face as he struggles for an answer to this unanswerable remark. Data rises with great dignity. DATA (continuing) I see. It is precisely because I am not human. PICARD That will be all, Mister Data. (jabs open the com on his desk) Computer. Pull all relevant Starfleet regulations concerning officer transfers. COMPUTER VOICE Working. Page after page of regulations begin to scroll across the screen. Picard, knuckling his chin, studies them in frowning abstraction. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT TWO 17. 10 INT. JAG OFFICE Phillipa at her desk working. Picard enters. She looks up in surprise. PHILLIPA My God, twice in as many days. PICARD I need your help. PHILLIPA An historic moment. PICARD I've been trying to make heads or tails of this gibberish, and it's finally defeated me. My android officer has been transferred so he can undergo a highly dangerous procedure. I want to stop it. PHILLIPA He can refuse to undergo this procedure, but we can't stop the transfer. PICARD Once Maddox has Data under his control anything could happen. I don't trust that man. PHILLIPA We agree to certain risks when we join Starfleet. PICARD (pacing) Acceptable risks, justified risks, yes, but I can't accept this. It's unfair and unjust. What about his rights... PHILLIPA All this passion over a machine. PICARD (raising a warning finger) Don't start. Is there an option? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT TWO 18. 10 CONTINUED: PHILLIPA There's always an option. He can resign. Phillipa suddenly rises and comes around the desk to Picard. She is very close, her body language is one of yearning, but her voice still has that flippant tone. PHILLIPA (continuing) So you came to me for help. PICARD (stiff because he thinks she's taunting him) Yes, I came to you. You're the JAG officer in this sector. I had to come to you. He starts to leave. PHILLIPA Wait! I didn't mean it that way. I'm... I'm glad that you thought you could... well, come to me. PICARD Trust is too painful a word. PHILLIPA I wish things were different for us. 11 INT. DATA'S QUARTERS (OPTICAL) Data is packing. A handgrip lies open on the desk top. There is a holocube on the top to the clothing. Data triggers it, and a miniature of Tasha Yar stands on the desk. He regards the image for a few seconds, then removes a box from a desk drawer. Opens it and studies his medals. Places it in the case. Finally he lifts an antique bound book. As he replaces the book, Maddox enters. Maddox lifts out the book, finds a marker at the sonnet, looks surprised. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT TWO 19. 11 CONTINUED: MADDOX "When in disgrace with fortune and men's eyes, I all alone beweep my outcast state... " Is it just words to you, or do you fathom the meaning? DATA It is customary to request permission before entering an individual's quarters. MADDOX I thought we could talk this out, that I could try to reassure you. Your memories and knowledge will remain intact. DATA Reduced to mere sterile facts of the events. The substance, the flavor of the moment could be lost. Take games of chance... MADDOX Games of chance? DATA Yes, I had read and absorbed every treatise and textbook upon the subject, and felt myself tolerably well prepared for the experience. Yet, when I finally played poker, I discovered that the reality bore little resemblance to the rules. MADDOX The point being? DATA That while I believe that you can download the information contained in the positronic brain, I do not think you have acquired the expertise necessary to preserve the heart of those experiences. There is an ineffable quality to memory that I do not believe can survive the shutdown of my core. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT TWO 20. 11 CONTINUED: (2) MADDOX (looking at Data with wonder) Ineffable quality. I would rather that we had done this together, but one way or the other we are doing it. You're under my command. DATA No, sir, I am not under your nor anyone else's command. I have resigned from Starfleet. MADDOX Resigned. You can't. DATA I regret the decision, but I must. I am the culmination of one man's dream. This is not ego or vanity, but when Doctor Soong created me he added to the substance of the universe. If by your experiments I am destroyed, something unique and wonderful will be lost. I cannot permit that, I must protect the dream. MADDOX And so must I. Keep packing, you will be reporting. He exits as we: FADE OUT. END OF ACT TWO STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 21. ACT THREE FADE IN: A12 EXT. SPACE - THE ENTERPRISE (OPTICAL) in parking orbit near Starbase one-seven-three. 12 INT. JAG OFFICE PICARD (V.O.) Captain's log, supplemental. Commander Bruce Maddox, having been thwarted by Data's abrupt resignation from Starfleet is now seeking a legal remedy for his woes. Captain Louvois has requested my presence at those discussions. Phillipa seated watching Maddox preambulate. Picard, rigid with fury stands nearby. Phillipa is expressionless listening to the arguments. MADDOX (to Picard) Your response is emotional and irrational. You're endowing Data with human characteristics because it looks human. But it's not. If it were a box on wheels I wouldn't be facing this opposition. PHILLIPA Overt sentimentalism is not one of Captain Picard's failings. Trust me, I know. PICARD Data is a valued member of my crew, an outstanding bridge officer, a -- STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 22. 12 CONTINUED: MADDOX If I'm permitted to make this experiment the horizons for human achievement become boundless. Consider, every ship in the Federation with a Data on board. Utilizing their tremendous capabilities. Acting as our hands and eyes in dangerous situations. That is worth a little inconvenience. PHILLIPA Look, you're preaching to the choir here. (touches her breast) So why don't you get to the point? MADDOX (palms flat on the desk he leans in on her) Data must not be permitted to resign. PICARD He's an officer in Starfleet. He has certain rights... MADDOX Rights! Rights! I'm sick to death of hearing about rights! What about my right not to have my life work subverted by blind ignorance? PHILLIPA We have rule of law in this Federation. You can't simply seize people, and experiment with them to prove your pet theories. MADDOX Now you're doing it. Data is an extraordinary piece of engineering, but it is a machine. If you permit it to resign it will destroy years of work in robotics. Starfleet doesn't have to allow the resignation -- STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 23. 12 CONTINUED: (2) PICARD Starfleet is not an organization that ignores its own regulations when they become inconvenient. Whether you like it or not, Data (separating and punctuating each word) does... have... rights. MADDOX (visibly calming himself and ignoring Picard) Let me put it another way. Would you permit the computer on the Enterprise to refuse a refit? PHILLIPA (nodding thoughtfully) An interesting point, but the Enterprise computer is property. Is Data? MADDOX Of course. PHILLIPA There might be law to support that position. PICARD A decision with such broad-ranging implications must be supported by an official ruling. (to Phillipa, icy) And I trust you will apply the same zeal to your research that you used during the Stargazer court-martial. 13 INT. TEN-FORWARD A farewell party is in full swing. Present are Riker, Data, TROI, Wesley, PULASKI, Geordi and Worf. On a table are piled some gaily wrapped gifts. Data is carefully opening the wrapping on a present while people watch. WESLEY You're supposed to rip the wrapping off a present. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 24. 13 CONTINUED: DATA But with the application of a little care, Wes, the paper can be utilized again. WESLEY You're missing the point. Data considers, then in an effort to accommodate Wesley he rips the paper. The paper falls away revealing an antique book. Data reads from the binding. DATA The Dream of the Fire, by K'Ratak. Thank you, Worf. WORF It was in the hands of the Klingons that the novel attained its full stature. PULASKI I couldn't disagree more, but we'll save that argument for another day. Now listen carefully. I didn't get you a present -- DATA That is quite all right. None was expected... PULASKI (interrupting) Instead I'm going to give you something far more valuable -- my advice. You've spent years in the womb of Starfleet. Now you're about to start a new life. You'd be wise to consider the experiences offered by groundside living. DATA Thank you. I will take that under advisement. (noticing Geordi sitting alone in a corner nursing a drink) Excuse me, please. (to Geordi) Is something wrong? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 25. 13 CONTINUED: (2) GEORDI Of course there is. You're going away. DATA No one regrets the necessity more than I, but you do understand my reasons? GEORDI Oh yeah, I understand. I just don't like your being forced out. It's not fair. DATA Doctor Pulaski would, at this juncture, no doubt remind us that life is rarely fair. GEORDI Sorry, but that doesn't make it any easier. DATA (slowly, a little awkwardly) I shall... miss you. GEORDI (rising) Me too. (he gives Data a fierce hug) You take care, Data. In another part of the room Riker joins Troi. RIKER Deanna... does Data have... do you feel anything from him? TROI I can't sense anything from Data. But that proves nothing. There are many minds from which I can read no meaning. RIKER There's got to be more to him than software, nets and chips. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 26. 13 CONTINUED: (3) TROI It is possible that Commander Maddox is correct and we are anthropomorphizing Data. Assigning to him emotions and responses which he may not have. RIKER I'm not sure I see that as a problem. Riker and Troi realize that a silence has fallen over the room. They look to where Maddox stands framed in the doorway. MADDOX (sarcastically) A little farewell celebration? RIKER (stepping forward) Yes, to which I don't recall inviting you. MADDOX I couldn't miss this. I can't wait to hear Data's plans. DATA They are currently somewhat indefinite, but my programming offers a number of alternatives. (crossing to Wesley, and dropping an arm over the boy's shoulders) I am considering teaching. I have had some success with my star pupil. The next speech is delivered by a man who really knows better, but can't stop himself. His anger is fueled by his sense of loss -- his life work is crumbling before his eyes because he believes that without Data he cannot succeed. Thus his reputation is also on the line. MADDOX I have a better idea. Carnival work. They could bill you as the walking encyclopedia. Ask him any question -- STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 27. 13 CONTINUED: (4) The WHISTLE of the com panel interrupts him. Riker moves to answer. PICARD'S COM VOICE Number One, Captain Louvois has called. We're expected in her office. Meet me in Transporter Room Five. RIKER (touches his insignia) On my way. (to Maddox) I know you're just leaving. I'll escort you. They start toward the door. 13A EXT. SPACE - THE ENTERPRISE as before. 14 INT. JAG OFFICE Riker and Picard already there. PHILLIPA I have completed my research, and based on the Acts of Gould passed in the early twenty-first century, Data is the property of Starfleet. He cannot resign and he cannot refuse to cooperate with Commander Maddox. PICARD And if I challenge this ruling? PHILLIPA I will be required to hold a hearing. PICARD Then I so challenge. Convene your hearing. Phillipa is taken aback. She was not prepared for this. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 28. 14 CONTINUED: PHILLIPA Captain, that would be exceedingly difficult. This is a new base. I have no staff -- PICARD Surely there are regulations to cover this eventuality. PHILLIPA There are. I can use serving officers as legal counsel. You as senior officer would defend. PICARD Very well. RIKER And who gets the unenviable task of prosecuting this case? PHILLIPA You do. The next most senior officer aboard defendant's ship. RIKER I can't. I won't. Data's my friend, my comrade. We've served together and I not only respect him, I have affection for him. PHILLIPA This isn't about friendship. This is about duty, and how we search for truth. RIKER A system that pits people against each other can't be the answer. PHILLIPA When people of good conscience have an honest dispute we sometimes must resort to this kind of adversarial system. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT THREE 29. 14 CONTINUED: (2) RIKER You want me to try and prove that Data's a mere machine. I can't. I don't believe it. I know he's more than that. I'm neither qualified nor willing to do this. You're going to have to find someone else. PHILLIPA Then I'll rule summarily based upon my findings. Data's a toaster. Have him report to Commander Maddox immediately for experimental refit. Silence holds the room. Phillipa cold, implacable. Riker stricken. Picard weighing, measuring, evaluating his First Officer. RIKER (bitterly) I see I have no choice but to agree. PHILLIPA Good. But you better do your duty in that courtroom. If I think for one minute that you're not giving me your best effort I'll end this right then and there. PICARD You don't have to remind us of our duty. Just remember yours. PHILLIPA (with a cold look) I've never forgotten it. Not then, and certainly not now. FADE OUT. END OF ACT THREE STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 30. ACT FOUR FADE IN: 15 INT. MAIN BRIDGE Riker, Wesley and Worf are at their accustomed stations. Data is crossing from the turbolift to the Ready Room. 16 INT. CAPTAIN'S READY ROOM Picard at his desk with the reader on. PICARD (cutting straight to the heart of the matter, with no attempt to soften the blow) Captain Louvois has issued a ruling that you are the property of Starfleet Command. You can't resign. DATA I see... from limitless options I am reduced to none, or rather one. I can only hope that Commander Maddox is more capable than it would appear. PICARD No, you're not going to submit. We're going to fight this. Captain Louvois may be overly attached to the letter of the law, but she has not forgotten its spirit. She's convening a hearing and we are going to lay the question of your legal status to rest once and for all. (he rises, and paces away, turns back, and adds uncomfortably) I have been asked to represent you, but if there is some other officer with whom you would feel more comfortable -- DATA Captain, I have complete confidence in your ability to represent my interests. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 31. 17 INT. ENTERPRISE GYMNASIUM Picard is fencing with his usual opponent. Riker enters. Picard continues fencing. PICARD Care to try your hand, Number One? RIKER Another time. It's too close to our real contest. PICARD (exchanging blows with his opponent) This isn't about you and me. RIKER Isn't it? Data may be the issue, but our performances are what will be judged. PICARD (exchanging several lightning blows with his opponent) That's the nature of the adversarial process. RIKER Which can only work when the opponents are of equal ability. PICARD (turning very slowly, leaning on his sword and regarding Riker) Are you suggesting that we are not evenly matched? RIKER No, but for Data's sake it has to be said. I've been forced into this, and I have only one option. To give this my best effort. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 32. 17 CONTINUED: PICARD I see. (slash) Then... you are here... (slash) to warn me... (slash) that you are going to do... (slash) Everything within your power and within the boundaries of the law... (slash) to win! Picard drives his opponent completely across the room. RIKER Yes. PICARD So am I. Riker exits. 18 INT. DATA'S QUARTERS Picard seated. He has a PADD ready to take notes. Data seated nearby. The travelcase still open on the desk behind them. PICARD All right, I'm going to need to know everything about you. DATA Sir, all of that information is stored in the Enterprise computer banks. PICARD I want to hear it from you. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 33. 18 CONTINUED: DATA (cocking his head like a puzzled bird) Very good, sir. Activation occurred twenty-seven years ago on Omicron Theta. I entered the Academy in '44, and graduated in '48 with honors in probability mechanics and exobiology. First posting... PICARD Data, Data, Data, whoa, stop. I could get this from the computer. DATA I believe I indicated that earlier, sir. Picard rises and takes a turn around the room. Returns to the desk, and begins to play unconsciously with the objects in the travelcase. PICARD I need to know how you think, what you want, how you feel. What drives you, motivates you. DATA Drives? Motivates? Sir, may I inquire as to the purpose of this line of questioning? PICARD We have to prove that you're a sentient life-form. DATA (extremely puzzled) But I am not. I am a machine. PICARD That's not what I need to hear. DATA How can we deny the obvious? PICARD We're searching for an argument which will legally deny that obvious fact. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 34. 18 CONTINUED: (2) DATA But if it is a fact how can argument alter -- PICARD Data! DATA Sir? PICARD Stop babbling. (rewinding the threads of his fast-tattering patience) The law recognizes many things as people that aren't possessed of flesh and blood. It's a little legal fiction, you see. DATA I am beginning to understand why Shakespeare wrote, let us kill all the lawyers. Picard reseats himself, but we can tell from his weary expression that this is going to be a long session. 19 OMITTED 19A INT. COMPUTER ROOM (OPTICAL) Multiple computers surround Riker. Some screens are filled with legal decisions, others with technical jargon. Riker calls up information on one. Makes a notation on his PADD. RIKER Computer, identify Riker, William T. Clearance level blue. COMPUTER VOICE Identified. Ready. RIKER Access all technical schematics of Lieutenant Commander Data. COMPUTER VOICE Working. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 35. 19A CONTINUED: A schematic appears flagged with Top Secret. Need to Know. RIKER (V.O.) Personal log. Zero three hundred. I should be resting. Instead I continue to prepare for a duty I do not wish to perform. Truth should not be reduced to a prize in a battle of wills and words. Riker is suddenly arrested by something he sees on a screen. His expression is first one of excitement as he realizes he now has the means to win this case. Then bleak sadness as he realizes the import of his victory. He punches off the recorder, his expression bleak and exhausted. 20 INT. COURTROOM High-tech room. An amphitheater-like arrangement where spectators can sit. Picard with Data seated at their table. Riker and Maddox to their right at another table. Phillipa enters. COMPUTER VOICE All rise. PHILLIPA (seats herself behind the bench) Be seated. Counselors, are you ready? PICARD/RIKER We are, your honor. PHILLIPA This hearing convened on stardate 42524.1 is to determine the legal status of the android known as Data. The office of the Judge Advocate General has rendered a finding of property, defense has challenged. Commander Riker. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 36. 20 CONTINUED: RIKER Your honor, there is only one issue in this case and one relevant piece of evidence. I call Lieutenant Commander Data. Data seats himself in the witness chair, and places his hand on the scanner. COMPUTER VOICE Verify, Lieutenant Commander Data. Current assignment, USS Enterprise. Starfleet Command Decoration for... RIKER Your honor, we'll stipulate to all of this. PICARD (leaping to his feet) Objection, your honor, I want it read. All of it. PHILLIPA Sustained. COMPUTER VOICE (resuming) ... Gallantry, Medal of Honor with clusters, Legion of Honor, the Star Cross. RIKER Commander Data, what are you? DATA (looking to Picard for guidance, Picard nods to him to answer) An android. RIKER Which is? DATA Webster's Twenty-Third Century Dictionary, Fifth Edition, defines Android as an automaton made to resemble a human being. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 37. 20 CONTINUED: (2) RIKER (musing) An automaton. Made. Made by whom? DATA Sir? RIKER Who built you, Data? DATA Doctor Noonien Soong. RIKER And he was? DATA The foremost authority in cybernetics. RIKER More basic than that. What was he? DATA (puzzled, but groping for the right answer; he says questioningly) A human? RIKER Thank you. Data, what is the capacity of your memory, and how fast can you process information? DATA I have an ultimate storage capacity of eight hundred quadrillion bits. My total linear computational speed has been rated at sixty trillion operations per second. Riker moves to his table, and picks up a steel bar of great thickness. RIKER Your honor, I offer into evidence prosecution's exhibit A. A bar of plasteel with a tensile strength of forty kilo-bars. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 38. 20 CONTINUED: (3) Phillipa inspects the exhibit, and hands it back to Riker. RIKER (continuing) Commander Data, would you please bend that. PICARD (again on his feet) Objection, your honor. Many races possess meta-human strength. It's not relevant to the issue before this court. PHILLIPA I'm afraid I can't agree, Captain. Proceed with the demonstration, Commander Riker. Data easily bends the bar. Phillipa again inspects it. RIKER (to Phillipa) Drawing on the log record of the construction of the prototype android Lore, also constructed by Noonien Soong, I request that I be allowed to remove Commander Data's hand for your inspection. PICARD Objection! What is the point of all this? PHILLIPA The issue before this court is whether Data is machine, and by extension property. I'd say this is pretty damn relevant. Riker removes Data's hand. RIKER (sotto voce to Data) I'm sorry. Riker offers it to Phillipa who inspects it. Hands it back to Riker. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FOUR 39. 20 CONTINUED: (4) RIKER (continuing) Data is a physical representation of a dream, an idea conceived of by the mind of a man. His purpose? To serve human needs and interests. He is a collection of neural nets and heuristic algorithms. His responses are dictated by an elaborate software program written by a man. The hardware (slapping the hand against his palm) was built by a man. Riker has been preambulating around the courtroom, each step bringing him closer to Data. He is now at his side, and without warning he leans down, presses the switch, and turns him off. Data collapses like a broken toy. RIKER (continuing) And this man has turned him off. Pinocchio is broken, the strings are cut. Riker lays the hand down next to Data. Shocked silence fills the room. Picard's reaction -- shock and certainty that he cannot win. PICARD I request a recess. PHILLIPA Granted. Riker who, as he walks to his chair, is in agony. A single tear runs down his cheek. He has destroyed a friend. FADE OUT. END OF ACT FOUR STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 40. ACT FIVE FADE IN: 21 INT. TEN-FORWARD The lounge is deserted, lights very low creating the implication that it is very late. Picard is seated at a table facing out the windows. An empty glass stands before him. He is turning it, turning it, turning it. His expression is death weary and very sad. GUINAN is at the bar puttering, but never taking her eyes off that solitary figure. Finally she can stand it no longer. Drawing two drinks she slides from behind the bar and crosses to him. GUINAN You should get some sleep. PICARD I've lost, and I'm not even sure I mind. Data is a machine. But there is something bothering me. Something I'm missing. Or is it just wounded pride that I've lost and in front of her. GUINAN What is it that lies between you? PICARD (waving it aside) Ancient history. GUINAN Unfortunately the past always resonates in the present, and decisions made today reach into the future. PICARD (Drumming fingers on the table, abruptly he decides to tell her. It emerges in sharp staccato.) The Stargazer court-martial. It should have been a routine hearing. Yes, I had lost my ship, but my actions were entirely justified. (MORE) STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 41. 21 CONTINUED: PICARD (Cont'd) Phillipa was assistant to the prosecution. She dug up every obscure case and citation and the panel hammered at me for three days. It damn near ended my career. It did end us. She's enjoying this situation. She knows I disapprove of the adversarial system. Now she's forced me into active participation, and she's both pleased and angered to see me fail. GUINAN Emotions. They're such slippery, contradictory things. It's a wonder any of us ever crawled out of the oceans, or swung down out of the trees. PICARD (pushing back his chair) Well, there's only one thing to do. I go to her in the morning, and we discuss a deal. GUINAN (thoughtfully studying her hands) I had heard a lot about you before I joined the Enterprise. About how Picard was a man who never knew when to lie down and admit he was beat. PICARD I have to salvage at least some of Data's rights. If Data agrees to undergo Commander Maddox's procedure we can get out of this hearing before he's declared the property of Starfleet command. GUINAN If Commander Maddox is successful in disassembling and reassembling Data, what has he gained? PICARD The ability to build another. A hundred others, a thousand. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 42. 21 CONTINUED: (2) GUINAN To do what? PICARD Explore for us. Enter the dangerous situations. GUINAN All those future Datas risking their lives for the people who created them. PICARD (very intent) You said something earlier about decisions today. GUINAN Having implications for the future. PICARD Precedent! This case will set the precedent for all the future Datas. It will determine their status, and they'll all be property. GUINAN There is an ancient word for it -- slavery. PICARD (very excited) Not a word we want back in our vocabulary. They each lift a glass and toast each other. GUINAN Good luck, sir. They drink. 22 INT. COURTROOM (OPTICAL) Everyone in their original positions. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 43. 22 CONTINUED: PICARD (making his opening statement) Commander Riker has dramatically demonstrated to this court that Lieutenant Commander Data is a machine. Do we deny that? No. But how is this relevant? We too are machines, just machines of a different type. Commander Riker has continually reminded us that Data was built by a human. We do not deny that fact. But again how is it relevant? Does construction imply ownership? Children are created from the building blocks of their parents' DNA. Are they property? We have a chance in this hearing to severely limit the boundaries of freedom. And I think we better be pretty damn careful before we take so arrogant a step. I call Lieutenant Commander Data to the stand. Data returns to the witness stand. Picard pulls from beneath the table the android's travelcase. Places it on the table, opens it. PICARD (continuing; lifts out the case of medals, and displays the contents) What are these, please? DATA My medals. PICARD Why pack them? What logical purpose do they serve? DATA I... I do not know, sir. None I suppose. I just wanted them. Is that vanity? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 44. 22 CONTINUED: (2) PICARD (holding up the book of sonnets) And this? DATA It was a gift from you, sir. PICARD You value it? DATA Yes, sir. PICARD Why? DATA It is a reminder of friendship and service. PICARD (lifts out the holocube, and triggers it; Tasha stands before them) And this? You have no portraits of any other of your crewmates. Why this person? DATA I would prefer not to answer that question, sir. I gave my word. PICARD Mister Data, may I remind you, that you are under oath. (more gently now) And under the circumstances, I don't think Tasha would mind. DATA (swallowing convulsively several times) She was important to me... we were... intimate. Phillipa is literally rocked back in her chair. PICARD I have no further questions of this witness. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 45. 22 CONTINUED: (3) PHILLIPA Commander Riker, do you wish to cross? RIKER I have no questions, your honor. PICARD I call to the stand Commander Bruce Maddox as a hostile witness. Riker and Maddox confer, then with a shrug Maddox seats himself in the witness chair. COMPUTER VOICE Verify, Maddox, Bruce, Commander. Current assignment, Chair of Robotics, Federation Institute of Technology. Major papers... PICARD Enough. Suffice it to say, he's an expert. (right up in his face) Commander Maddox, it is your contention that Data is not a sentient being and therefore not entitled to those rights reserved for all other life-forms in this Federation? MADDOX Data is not sentient, no. PICARD Why, Commander? MADDOX Because Data is a piece of outstanding engineering and programming. PICARD What is required for sentience? MADDOX Intelligence, self awareness, consciousness. PICARD Do you know what sentience is, Commander? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 46. 22 CONTINUED: (4) MADDOX Of course. PICARD Excellent. Then you can enlighten the rest of us. All of Picard's delivery needs to be sharp and staccato. PICARD (continuing; right in Maddox's face) Prove to this court that I'm sentient. MADDOX (to Phillipa) This is absurd! PICARD Why? Because you can't do it? MADDOX No, it's just pointless. We all know you're sentient. PICARD So I'm sentient, but Data isn't? MADDOX That's right. PICARD Why? MADDOX Well... well, you're self aware. PICARD Ah, the second ingredient. But let's deal with the first requirement. Is Data intelligent? MADDOX Yes. PICARD Why? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 47. 22 CONTINUED: (5) MADDOX It has the ability to learn and understand, and to cope with new situations. PICARD Like this hearing. What about self awareness. What does that mean? Why am I self aware? MADDOX Because you are conscious of your existence and actions. You're aware of yourself and your own ego. PICARD Data, what are you doing now? DATA I am taking part in a legal hearing to determine my rights and status. Am I property or person? PICARD And what's at stake? DATA My right to choose. Perhaps my very life. PICARD My rights. My status. My right to choose. My life. He seems pretty damn self aware to me. Well, Commander Maddox, I'm waiting. MADDOX This is exceedingly difficult... PICARD Do you like Data? MADDOX (completely taken aback) I don't know it well enough to like or dislike it. PICARD But you admire him? STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 48. 22 CONTINUED: (6) MADDOX Oh yes, it's an outstanding -- PICARD (interrupting) Piece of engineering and programming. Yes, you've said that. You've devoted your life to the study of cybernetics in general? MADDOX Yes. PICARD And Data in particular? MADDOX Yes. PICARD And now you're proposing to dismantle him. MADDOX So I can rebuild him and construct more! PICARD How many more? MADDOX Hundreds, thousands. There's no limit. PICARD And do what with them? MADDOX Use them. PICARD How? MADDOX As effective units on Federation ships. As replacements for humans in dangerous situations. So much is closed to us because of our fragility. But they... STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 49. 22 CONTINUED: (7) PICARD (interrupting; he picks up an object and throws it down a disposal chute) Are expendable. MADDOX It sounds harsh but to some extent, yes. PICARD Are you expendable, Commander Maddox? Never mind. A single Data is a curiosity, a wonder, but a thousand Datas, doesn't that become a new race? And aren't we going to be judged as a species about how we treat these creations? If they're expendable, disposable, aren't we? What is Data? MADDOX What? I don't understand. PICARD What... is... he? MADDOX (angry now and hostile) A machine! PICARD Is he? Are you sure? MADDOX Yes! PICARD But he's met two of your three criteria for sentience, and we haven't addressed the third. So we might find him meeting your third criterion, and then what is he? MADDOX (driven to his limit) I don't know. I don't know! STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 50. 22A ANOTHER ANGLE Reaction shot from Phillipa. PICARD He doesn't know. (to Phillipa) Do you? That's the decision you're facing. Your honor, a courtroom is a crucible. In it we burn away the egos, the selfish desires, the half-truths, until we're left with the pure product -- a truth -- for all time. Sooner or later it's going to happen. This man or others like him are going to succeed in replicating Data. And then we have to decide -- what are they? And how will we treat these creations of our genius? The decision you reach here today stretches far beyond this android and this courtroom. It will reveal the kind of a people we are. And what (points to Data) ... they are going to be. Do you condemn then to slavery? Starfleet was founded to seek out new life. (indicating Data) Well, there he sits, your honor, waiting on our decision. You have a chance to make law. Well, let's make a good one. Let us be wise. PHILLIPA This case touches on metaphysics, and that's the province of philosophers and poets. Not confused jurists who don't have the answers. But sometimes we have to make a stab in the dark, and speak to the future. Is Data a machine? Absolutely. Is he our property? No... (this will be rewritten with additions). The courtroom erupts in joy. Phillipa starts to leave then crosses to Picard. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 51. 22A CONTINUED: PHILLIPA (continuing) You see, sometimes it works. Picard watches her walk away, conflicting emotions washing across his face. 22B ANOTHER ANGLE Data walks to Maddox who is looking confused, guilty and sad. DATA Continue your work, Commander, and when you are ready I will still be here. MADDOX You'd be willing after what I've put you through? DATA Yes, it would be a less lonely universe if there were more of my kind. Phillipa comes up unnoticed by Data and Maddox. MADDOX (watching Data walk away) He's remarkable. PHILLIPA You didn't call him "it." Maddox looks startled, then smiles. 23 INT. OBSERVATION LOUNGE (OPTICAL) Riker sitting alone in the darkness staring out the windows as the stars rush past. Data enters. Riker does not turn. DATA Sir, there is a celebration on the Holodeck. RIKER I have no right to be there. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 52. 23 CONTINUED: DATA (edging closer) Because you failed in your task? RIKER (slewing around in his chair at that) No, God, no. Data, I came this close to winning. Riker indicates a bare inch with thumb and forefinger. DATA Yes, sir. RIKER (in agony just remembering) I could have cost you your life! DATA (moving in, and seating himself opposite Riker) Yes, that is true, but Commander... Will, I have learned from your experience. RIKER What could you have possibly learned from this kind of ordeal? DATA That at times one must deny their nature, sacrifice their own personal beliefs to protect another. Is it not true that had you refused to prosecute, Captain Louvois would have ruled summarily against me? RIKER Yes. DATA That action injured you, and saved me. I will not forget. RIKER (taking his hand) You're a wise man, my friend. STAR TREK: "The Measure of a Man" - 12/14/88 - ACT FIVE 53. 23 CONTINUED: (2) DATA Not yet sir, but with your help I am learning. Riker clasps Data's shoulder, squeezes, as they shake hands, and we: FADE OUT. END OF ACT FIVE THE END