Disney is attempting to have the wrongful dismissal lawsuit brought against it by ‘The Mandalorian’ actress Gina Carano dismissed on the grounds of First Amendment rights, despite the fact that the company fired her for exercising hers.
As we previously highlighted, the actress and former mixed martial artist is suing Disney, charging that the company unfairly fired her from the Star Wars spin off because of her political beliefs and public statements on cultural issues. And in a novel twist, the lawsuit is being funded by Elon Musk.
Now, the company has filed a motion to dismiss that states “Disney makes this motion on the grounds that Disney has a constitutional right not to associate its artistic expression with Carano’s speech, such that the First Amendment provides a complete defense to Carano’s claims,”
The motion incredibly argues that Disney can operate in the same fashion as a media outlet, in that it can control editorial perspectives, which it claims extend to its contracted artists’ statements.
The motion further argues that this applies even when those statements are not made as part of a production, or while representing the company, but in the personal lives of artists.
Essentially Disney is claiming it has control over what people in its employ can say.
Carano was fired by Disney in 2021 after a social media post in which she compared a mob seeking to destroy someone’s life over their political leanings to the Nazi government in Germany encouraging people to hate Jews before The Holocaust.
She wrote “Because history is edited, most people today don’t realize that to get to the point where Nazi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews. How is that any different from hating someone for their political views?”
At the time, Disney issued a statement claiming Carano’s “social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”
While this post was singled out, what really got Carano fired, however, was more likely her conservatism, expressions of support for Donald Trump and skepticism about the integrity of the 2020 election, her opposition to and ridiculing of mask mandates, COVID lockdowns, and COVID vaccinations, and some spicy memes about transgender pronouns.
In a recent interview, Carano said she doesn’t regret her social media posts and that if anything she believes she should have been more vocal.
“So, when people ask me if I would’ve done anything different, I would’ve screamed,” the actress asserted during an emotional exchange.
“I would’ve screamed so much louder,” Carano continued, adding “Everything I was saying, from lockdowns to masks, to vaccines: ‘Question everything. Do not allow these people to force this on you. Pay attention.’ I would’ve screamed it.”
“So, I’m not sorry. I’m not sorry for what I said. For what I posted. For what I was standing for. For what I was screaming for, or trying to scream for. I’m not sorry,” she further urged.
Here is the full interview:
The backlash against Disney on this issue continues to grow.
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Disney desperately wants to avoid the discovery phase of the law suit.