Counsel for Disney and Lucasfilm argued that a California federal district court judge should dismiss former "Star Wars" actor Gina Carano's wrongful termination suit on First Amendment grounds. The media giant argued that the company has a First Amendment right to distance its artistic expression from Carano's 2020 personal political statements on X, formerly known as Twitter, disparaging the use of pronouns and COVID-19 lockdowns.
The case is Gina Carano v. The Walt Disney Co. et al., case number 2:24-cv-01009, U.S. District Court for the Central District of California.
Carano filed a wrongful termination suit against Disney and Lucasfilm, alleging sex discrimination and other violations of the California Labor Code. Carano played the character named "Cara Dune" on "The Mandalorian," a spinoff series from the highly popular "Star Wars" franchise.
According to Disney, the First Amendment is an affirmative defense that permits it the right to determine who will properly express the company's message. Under this theory, a company also has the right to exclude or disassociate itself from those who disagree or contradict that message. Carano had a high-profile association with Disney, "The Mandalorian," and "Star Wars" by appearing in a prominent role on a well-known, popular show. Therefore, her politically divisive speech, which included statements against the Black Lives Matter movement, COVID-19 regulations, and pronouns often used in the transgender community, directly implicated Disney. As a result, the company, which is in the business of creating artistic expression, may legally disassociate itself from those whose conduct fails to project its values. Continued association with Carano would impede Disney's free speech rights.
Counsel for Disney also argued that dismissal by the Court at this early stage of the lawsuit was appropriate, as there was no need for additional fact-finding or discovery due to its First Amendment defense. They claimed that courts can and should deal with First Amendment issues at the earliest possible juncture in litigation to avoid any potential infringement on the litigants' constitutional rights.
In contrast, Carano's lawyer argued that Disney failed to dispute the actor's allegations of labor code violations based on its response to the political views expressed on her personal social media accounts. Disney also failed to deny Carano's allegations of sex discrimination based on its contrasting response to political statements made by male actors on social media. Carano's attorney characterized Disney's stance as giving it the right to refuse to associate with any actor with whom it disagrees politically, even if the relevant comments or conduct occur outside the workplace.
Furthermore, counsel for Carano argued that dismissal at this early stage was premature. He stated that the First Amendment cannot supersede the actor's legal rights without further factual development and discovery, describing dismissal at this stage as "short-circuiting" the normal litigation process. Additionally, Carano argued that Disney's reasons for her termination were pretextual rather than genuine, which was an issue of fact that necessitated discovery and further development through the litigation.
HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.