[X-MEN MUSIC]

BROOKE GLADSTONE: If you are a toy, being too human can cost you. So when the X-Men came before the U.S. Court of International Trade, its progenitors were pleased when the judges ruled that the X-Men are not men; in fact, they aren't human at all. Dolls command higher tariffs than mere toys, so the ruling helps Toy Biz Inc. and Marvel Enterprises sell X-Men figures cheaper. But outside of reality, fans were disturbed, because the X-Men are most beloved not for their mutant powers, but for their human flaws. Brian Wilkinson is the editor of the web site X-fan. He told the Wall Street Journal that it is unthinkable to label the X-Men, those fighters of prejudice, anything but human. He joins me now from Toronto. So, Brian, welcome to the show.

BRIAN WILKINSON: Thank you very much.

BROOKE GLADSTONE: Now you want to summarize for listeners who don't know who are the X-Men?

BRIAN WILKINSON: It's a comic that was created by Stan Lee in the early '60s. Basically they're normal people like you and I who around puberty develop extra powers -- wings, lasers, flight, whatever -- basically they're just hunted and persecuted by humanity for being different.

BROOKE GLADSTONE:Right. But like all other Marvel characters they're distinguished for their human qualities, right? In fact, we do an unreasonable amount, I think it's fair to say, of Marvel coverage on this program. We reported that The Thing from the Fantastic Four was Jewish and that the first Captain America was black, and of course I don't even have to inform our listeners that the Rawhide Kid just came out of the closet, so-- [LAUGHTER] what is the key element about the humanity of the X-Men that you might want to raise?

BRIAN WILKINSON: Basically being human is the foundation of the Marvel universe. What made Spider-Man, for instance, so interesting when it debuted was that Peter Parker had troubles! He was a troubled teenager. The X-Men, they get married, they have affairs, trouble within their own homes -- all the normal issues that go along with being human, and the idea is basically that readers will feel more for these characters, they'll be in more touch and actually they'll be more devoted if they can buy that these are people that could potentially really exist.

BROOKE GLADSTONE:And the source of most of the X-Men's trouble and strife is the fact that their humanity is always being called into question by those who would persecute them.

BRIAN WILKINSON: Yep. And if you think about it, if there were such a thing as mutants in the real world, that's exactly what would happen. [SOUNDTRACK FROM IMAGINED FUTURE WITH MUTANTS PLAYS] ["DARK" MUSIC UNDER']

MAN: [MAKING PUBLIC ADDRESS] I think the American people deserve the right to decide whether they want their children [APPLAUSE UNDER, GROWING] to be in school with mutants! To be taught by mutants! [CONTINUING DARK AND DANGEROUS MUSIC, APPLAUSE] Ladies and gentlemen, the truth is-- that mutants are very real. And they are among us. We must know who they are--

WOMAN: [SHOUTING] That's right!

MAN: -- and above all we must know -- what they can do! [APPLAUSE AND WHISTLES CONTINUING UNDER]

BRIAN WILKINSON: We've seen it happen for decades, for centuries that if someone is different than you-- and you can't immediately explain it and you can't immediately understand it, your natural reaction is to hate and fear that. And what the X-Men do is they try to raise awareness of who they are through good deeds around the world and through corporations and everything else so that people can just come to accept them for who they are.

BROOKE GLADSTONE: And speaking of corporations, why did the U.S. Court of International Trade rule recently on whether the X-Men were human?

BRIAN WILKINSON:Well it's kind of funny. It had been a longstanding battle between a company called Toy Biz which actually owns Marvel Comics, and-- it was about toy trade. Basically the X-Men toys - though human-like in appearance and everything else - were called "dolls." Dolls are defined as something being human-like in appearance. And dolls earn a-- trade tariff of 12 percent when you ship it across the border. Now if they're just merely toys -- not dolls -- then it's only 6 percent -- so basically the argument by Toy Biz is well, no these are super-human characters -- they've got wings and everything else - they're distinctly non-human-like in appearance, and basically it's just about them trying to recoup some financial loss.

BROOKE GLADSTONE: Now Toy Biz in this case is representing Marvel Enterprises which stands to gain from a lower tariff, right?

BRIAN WILKINSON: Oh, yes. -- quite a bit. [BOTH SPEAK AT ONCE]

BROOKE GLADSTONE: And so what you're basically saying is that Marvel is kowtowing to the corporate man!

BRIAN WILKINSON:Yeah. Well, a little bit, but what you have to understand is-- Marvel has been bankrupt. They've had no money -- so part of this decision is really just to keep the company going.

BROOKE GLADSTONE: And so what did the judge decide?

BRIAN WILKINSON:Well the judge basically ruled that the X-Men are not human! In other words they're not dolls - they're toys. One of them had vibrating powers; others had wings. So-- the judge said well I can't really describe these as being human-like.

BROOKE GLADSTONE: Well the one with vibrating powers you could probably describe as all sorts of things.

BRIAN WILKINSON: Oh, yeah, [LAUGHS] well--

BROOKE GLADSTONE:[LAUGHS] Well I mean what did Marvel have to say about the fact that with this decision they may have gained the world but lost their souls?

BRIAN WILKINSON: I don't really think they'd feel that way. I think it's just a standard part of being a big corporation. I don't think they themselves really even personally have much to do with it. I mean like the editors and the president.

BROOKE GLADSTONE: Yeah, but the fans seem to be following it. You have, anyway!

BRIAN WILKINSON:But again, it's just because of the-- nature of it, because they were ruled as not-human, and because fans are so used to them trying to be human that that really was what made it interesting for us.

BROOKE GLADSTONE: Interesting or outrageous?

BRIAN WILKINSON:Well-- it, it is outrageous. It's outrageous, one, because we're talking about toys. I mean at the end of the day, really, it's just about toys -- so it's kind of outrageous in that respect - that they've gone to such lengths. And it's also outrageous to fans because we're kind of surprised that Marvel might back a statement like that, that they're not human. I don't know! At the end of the day, it's toys -- and basically whatever keeps the company going really will keep fans happier in the long run, so we can't be too upset.

BROOKE GLADSTONE:And for you, the fact that these are just little plastic models of these characters doesn't really sully the purity of the originals.

BRIAN WILKINSON: Well, no. I mean I-- I'm a big kid. I've picked up a lot of the toys. For me it's just nice to have the miniature representation of the comic book characters, but-- it's funny how attached you get to these things. I've been reading the X-Men for about 13 years now. I've been with them through all their highs and lows, and even though they may have been passed through the hands of a dozen writers, you really just get to know who they are. It doesn't make any sense, but you get into it.

BROOKE GLADSTONE: Okay. Thanks a lot.

BRIAN WILKINSON: No problem.

BROOKE GLADSTONE:Brian Wilkinson joined me from his home in Toronto. His site is X-fan and we'll link you to it from our site at On the Media dot org. [LEAD IN TO THEME MUSIC]

BOB GARFIELD: That's it for this week's show. On the Media was produced by Janeen Price, Katya Rogers and Megan Ryan; engineered by Dylan Keefe, Rob Christiansen and George Edwards, and edited--by Brooke. We had help from Sharon Ball and Brian Tilley. Our webmaster is Amy Pearl.

BROOKE GLADSTONE:Arun Rath is our senior producer and Dean Cappello our executive producer. Bassist/composer Ben Allison wrote our theme. This is On the Media from NPR. I'm Brooke Gladstone.

BOB GARFIELD: And I'm Bob Garfield.

BRIAN WILKINSON: ...One of them had vibrating powers--