1). The holidays must be an integral part of the storyline. This is sort of like defining pornography — you know it when you see it. But some films use the trappings of Christmas merely as a backdrop or a prop. Die Hard is a terrific film, and it certainly benefits from the music and imagery of the holiday season. But (like Lethal Weapon) this film would have worked without that conceit. John McClane could have just as easily have headed out to Los Angeles for Thanksgiving — or spring break. To be sure, Christmas creates a nice ambiance, but isn’t a vital part of this story.

2). The film should be released at Christmastime. One could probably overlook the first concern if the movie had been sold as a Christmas movie. Just like when we interpret the Constitution, it’s important to look at the original intent. And it’s interesting to note that Die Hard was released on July 14, 1988 — right in the middle of a very hot summer. There was no attempt to label it a holiday film. And it would be revisionist history to suggest otherwise. Compare that to It’s a Wonderful Life (December 25, 1988), or even Love Actually (November 6, 2003.)