Skip to main content

A&E responds to Storage Wars staged claims

A&E has responded to Storage Wars star Dave Hester’s lawsuit, and dismisses his claims that the series is “a fraud on the public”—but mostly by arguing about the law and claiming free speech.

While the response [PDF] dismisses Hester’s claimsA saying he did not “to allege any facts to demonstrate malice, fraud despicable conduct or evil motive,” it also says that he “tries to convert a garden-variety breach of contract claim into a tabloid-worthy drama, in which Hester portrays himself as a crusading whisleblower” with “notable inconsistencies in his exaggerated self-portrait.”

More significantly, the response argues “television programs indisputably require prelimary production work, which also constitute protected activity,” and says those are free speech. The response argues that for Hester to claim that the show isn’t real constitutes “unfair business practices,” “such a claim would require Court to insert itself into the creative processes of an expressive work, in contravention of well-established constitutional rights.” It also says definitively that “there can be no dispute that the Program falls within the broad category of expressive works that are protected by state and federal constitutional law.”

As Deadline reports, the response is “almost all about the money and free speech.” Variety elaborates, noting that “A&E and Original cite California’s anti-SLAPP statute, which is designed to curb lawsuits filed as a way of squelching expression, as defendants are hobbled by the high cost of litigation.”

A&E has previously denied staging lockers, while executive producer Thom Beers admitted to scripting lines and moving items, but said the show did not seed the storage lockers.


View the original article here

Comments

Popular posts from this blog

<b>Reality TV</b> gets its own Comic-Con with Audrina Patridge, Nick <b>...</b>

Reality TV gets its own Comic-Con with Audrina Patridge, Nick Cannon and more | Show Tracker | Los Angeles Timesbody {background-color:#ffffff !important;}ul#root li.navLink a {padding-top:17px; padding-right:4px; padding-bottom:16px; padding-left: 5px;} Subscribe/Manage Account Place An Ad LAT Store Jobs Cars Real Estate Rentals More Classifieds Custom Publishing Entertainment HOME LOCAL L.A. Now Politics Crime Education O.C. Westside Neighborhoods Environment Obituaries Findlocal U.S. Politics Now Top of the Ticket Science & Environment Obituaries Religion WORLD Afghanistan & Pakistan Africa Asia Europe Iran Iraq Latin America Mexico Under Siege Middle East Business Money & Co. Technology Personal Finance Small Business Company Town Jobs Real Estate Autos SPORTS Lakers Clippers Dodgers Angels USC UCLA Kings Ducks Soccer High Schools Bleacher Report ENTERTA

The Mobbies are back

Reality Check: The Mobbies are back - Reality shows, TV reviews and Baltimore contestant news from Sarah Kelber - baltimoresun.com JOBS CARS REAL ESTATE CLASSIFIED ADVERTISE HOME DELIVERY SUN STORE The Baltimore Sun > Entertainment > TV > Reality Check Sign up for FREE nightlife text alerts: More Info « 'Dancing With the Stars' results: Who's out tonight? | Main | 'Project Runway' recap: Almost time for Fashion Week » October 21, 2010 The Mobbies are back The Baltimore Sun's blog contest, the Mobbies, is back for a second year. We're in the nomination period now, and this year, Sun blogs are eligible. (As John McIntyre so eloquently put it, [cough].) If you're a fan of a local blog on just about anything, Sun or not, feel free to send a nomination its way. And, as an aside, that Survivor recap really is on its way later today, I promise. Posted by Sarah Kickler Kelber at 4