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Author Topic: Brandi Cochran's TPIR lawsuit  (Read 11143 times)

Tony Peters

  • Member
  • Posts: 240
  • Here is your first subject. GO!
Re: Brandi Sherwood's TPIR lawsuit
« Reply #15 on: August 31, 2015, 10:51:49 PM »
Great, another autism crutch-er.

/Being a high-functioning autistic, I can say it
Sometimes I find myself missing the days when cats ruled the internet...

chris319

  • Co-Executive Producer
  • Posts: 10650
Re: Brandi Sherwood's TPIR lawsuit
« Reply #16 on: September 04, 2015, 02:55:58 PM »
This case has important First-Amendment implications.

http://www.abajournal.com/news/article/citing_first_amendment_federal_judge_tosses_bias_suit_over_bachelor_casting/

http://www.jetlaw.org/2014/04/04/casting-decisions-and-the-wide-latitude-under-the-first-amendment/

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Reasoning that casting decisions, as inextricably tied to the artistic process, were entitled to First Amendment Protections under the artistic freedom of expression.

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other courts have yet to weigh in on casting decisions and anti-discrimination laws.  A future court confronted with a similar legal claim could find a compelling governmental interest in promoting diversity and prohibiting discrimination, creating a means of circumventing the broad protections afforded by freedom of artistic expression under the First Amendment.

I really hope Fremantle prevails in this case. Producers should have totally unfettered freedom in their casting decisions, as we are dealing with an artistic work. The government has no more right to influence casting decisions than it would have in telling Van Gogh which color of paint to use or Mozart which instruments to use.