Ben Stein’s EXPELLED Concludes Theatrical Run;
As Courts Dismiss Yoko Ono Lawsuit and Distributor Prepares for DVD Release

Los Angeles, CA - October 16, 2008 - Ben Stein's film "Expelled: No Intelligence Allowed," the #12 biggest box office documentary in history won a major legal victory when Yoko Ono's case against the film was dismissed in Federal Court. The decision came as the film finished an unprecedented second theatrical run and as Vivendi Entertainment prepared to release the DVD version of the film at retail stores across the country and online.

Ms. Ono had filed a lawsuit against the film's producers shortly after its release alleging copyright infringement over the film's use and criticism of John Lennon's song "Imagine." Both a Federal Judge and New York State Court Judge noted that the film segment in question would most likely be protected under the doctrine of Fair Use if the cases continued to trial. Expelled, a documentary exploring one of the nation's most contentious and longest running battles, the argument over where and how life began, starring author/actor/economist Ben Stein, debuted at #10 at the box office and then entered into a storm of legal controversy following the release. The Stanford Law School's Fair Use Project quickly came to the film's defense arguing that fair-use laws protected the filmmakers.

"We heard from many people who wanted to see the film but were put off by the lawsuit and weren't sure if they wanted to support a film that was under a legal cloud," noted the film's producer John Sullivan. "When the cloud lifted, we were gratified to hear that so many groups wanted to bring the film back to their communities to watch in their local theaters." 

Private group screenings had been scheduled through October with tickets being purchased by supporters who were not ready to see the film leave theaters; and Premise Media offered them special discount group rates.

"I'm extremely gratified to hear that Yoko Ono's attempts to silence our little film have not succeeded and that free speech is still alive and well in America," noted Stein. "There is a culture war going on in this country, but the numbers are with the traditionalists. While a few Americans may be interested in films like Bill Maher's Religulous, Expelled is the kind of film that most mainstream/traditionalists Americans are going to most resonate with and we are looking forward to great numbers when the DVD comes out."

Ben Stein’s EXPELLED Debuts at # 10

EXPELLED: No Intelligence Allowed opened on about half of the screens of the other top 10 movies of the weekend but still debuted at No. 10 and banked over $3 million. Confounding experts, the movie's top 10 DMA's included LA, Seattle, Dallas, Phoenix, Chicago, Houston, New York, Denver, DC, and Tampa. Based on a per screen average, EXPELLED brought in almost $3,000 per screen topping notables such as Nim's Island, 21, Street Kings, Dr. Seuss' Horton Hears a Who!, and Leatherheads. The other much anticipated documentary of the weekend Where in the World is Osama Bin Laden? only opened in 102 theaters, grossed $143,000 and had a per screen average of $1,401. (see http://www.boxofficemojo.com/weekend/chart/)

Exit poll research among 1100 moviegoers in Texas, California, Kentucky, Florida and Georgia revealed that 96% of EXPELLED attendees Friday and Saturday night would enthusiastically recommend the film to friends, family, church members and co-workers. The research was conducted by Market Data Corp., Chicago.

"Number 10 – the numbers say it all. We were told that there was no place for a movie like ours. That no one really cared about the issue and that we were wasting our time and money. But as often happens, the public proved once again that the experts just don't get it," commented Logan Craft, Executive Producer and Chairman of Premise Media.

Said film star Ben Stein, "This is an amazing success story. It has beaten even our own expectations."

Mark Mathis, associate producer of EXPELLED, said, "I really hope that this helps the professors, researchers and other scientists who we met during the production of the film. Ultimately, this is a movie about freedom of speech and freedom of inquiry and the way that academic elites are trying to muzzle those that dare to question the Darwinian orthodoxy. EXPELLED exposes these self appointed gate keepers and calls upon all Americans to stand up and say enough is enough."