The Weinstein Company is moving ahead with an attempt to appeal the ratings given toBlue Valentine(a commercial prospect-dampening NC-17) and Oscar faveThe King’s Speech. The irony is that appealing the NC-17 forBlue Valentinemeans accepting it; otherwise there’s no rating to appeal, and the choice would be to release the film unrated.

In a statement today titled “The Weinstein Company Accepts NC-17 Rating on Blue Valentine to Appeal It” the company announces the hire of star lawyersBert Fields,Alan FriedmanandDavid Boisto lead the appeals. There are quotes from starsRyan GoslingandMichelle Williams, and the suggestion that, if all else fails, the appeal to overturn the R rating forThe King’s Speechwill go straight to the Constitution of the United States. Given the throttling of distribution optionsBlue Valentinewould face with an NC-17, you’ve got to wonder if the Constitution will be invoked there, too.

David Boies fought California’s gay marriage ban Proposition 8; he’ll oversee the legal team. Alan Friedman previously helped the Weinsteins overturn the NC-17 rating handed toZack and Miri Make a Porno, and will lead the appeal forBlue Valentine. Bert Fields will head the appeal forThe King’s Speech, which was given an R rating for a scene in which Colin Firth , attempting to break through a speech impediment, issues a string of curse words.

The core fight here is forBlue Valentine. Harvey Weinsteinpreviously mused,

How did [the Dimension Films release] Piranha 3D get an R and Blue Valentine gets an NC-17? If [Piranha 3D] got an NC-17, I’d be the first going, ‘All right, we gotta cut some of that stuff.’ It’s ridiculous — a penis got coughed up in the movie by a piranha! They show more in four scenes [in that movie] than we do in [all of Blue Valentine]! And ours is a serious love story. I don’t understand it.

Blue Valentinestar Ryan Gosling goes straight into ‘repressive patriarchy’ mode with his comments, but his core point remains valid:

Michelle Williams is a little more balanced as she makes the same point:

The MPAA’s decision on Blue Valentine unmasks a taboo in our culture, that an honest portrayal of a relationship is more threatening than a sensationalized one. Mainstream films often depict sex and violence in a manner that is disturbing and very far from reality. Yet, the MPAA regularly awards these films with a more audience friendly rating.

The films will both face a Special Hearing with the MPAA, which “is necessary because the film is now within 25 business days of its theatrical release,” according to the press release. And Bert Fields isn’t messing around with his language: “This rating for THE KING’S SPEECH is arbitrary and irrational. In my view, it violates The Weinstein Company’s right to freedom of speech under the state and US constitution.” Good luck with that particular angle.

Say what you will about the Weinsteins and the way they turn MPAA shenanigans into publicity; in this case the fight for Blue Valentine is one that is worthy of support.