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Judges Receptive to Notion that Offensive or Harassing Language is Protected Speech During Filming

The following is a link to a story about a black movie extra who sued Marlon Wayans for racial slurs and comparing him to Family Guy character Cleveland Brown while working on the set of one of the Haunted House films:

Read Full Article on Law 360

The most interesting part of this is the following excerpt:

Essentially, the trial judge and at least one appellate judge seem to believe that so long as the otherwise offensive or harassing language or conduct occurs within an artistic production, it should be considered protected free speech. Should the judges be open to casting such a wide net of protection? Does that mean all offensive language is fair game for anyone and everyone who works on a play, film set, broadcast booth, recording session, or other setting in which the offensive or harassing language or conduct may lend to the creative process or end result? Interesting questions.