startrek-ml/Data/Tng/135.txt

                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 This script is not for publication or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