Swordsmyth
08-30-2017, 06:06 PM
Richard Simmons’ lawsuit against the National Enquirer hit an unexpected snag in court. A judge seems to be ready to rule in favor of the gossip outlet for a surprising reason.
Simmons sued both the Enquirer and Radar Online in May for a series of articles that alleged the 69-year-old fitness guru was transitioning to become a woman. He alleged that, while he holds no personal ill-feelings toward the transgender community, the articles were false and defamatory to his character. According to The Hollywood Reporter (http://www.hollywoodreporter.com/thr-esq/judge-leans-tossing-richard-simmons-sex-change-libel-lawsuit-national-enquirer-1033833), his lawyers argued that, as a public figure, he has a legal right to “not be portrayed as someone he is not.” However, a judge is tentatively ruling that alleging someone is transgender is not necessarily defamatory.
Although the outlet notes that no official ruling has been made, the court is making it clear that it plans to treat the issue of claiming someone is transgender the same way it would treat claims of race, illness or other “immutable characteristics.”
"This court finds that because courts have long held that a misidentification of certain immutable characteristics do not naturally tend to injure one’s reputation, even if there is a sizeable portion of the population who hold prejudices against those characteristics, misidentification of a person as transgender is not actionable defamation absent special damages," L.A. Superior Court judge Gregory Keosian said.
More at: http://www.foxnews.com/entertainment/2017/08/30/richard-simmons-lawsuit-in-trouble-after-judge-claims-being-called-transgender-is-not-defamation.html
Utter Madness.
Simmons sued both the Enquirer and Radar Online in May for a series of articles that alleged the 69-year-old fitness guru was transitioning to become a woman. He alleged that, while he holds no personal ill-feelings toward the transgender community, the articles were false and defamatory to his character. According to The Hollywood Reporter (http://www.hollywoodreporter.com/thr-esq/judge-leans-tossing-richard-simmons-sex-change-libel-lawsuit-national-enquirer-1033833), his lawyers argued that, as a public figure, he has a legal right to “not be portrayed as someone he is not.” However, a judge is tentatively ruling that alleging someone is transgender is not necessarily defamatory.
Although the outlet notes that no official ruling has been made, the court is making it clear that it plans to treat the issue of claiming someone is transgender the same way it would treat claims of race, illness or other “immutable characteristics.”
"This court finds that because courts have long held that a misidentification of certain immutable characteristics do not naturally tend to injure one’s reputation, even if there is a sizeable portion of the population who hold prejudices against those characteristics, misidentification of a person as transgender is not actionable defamation absent special damages," L.A. Superior Court judge Gregory Keosian said.
More at: http://www.foxnews.com/entertainment/2017/08/30/richard-simmons-lawsuit-in-trouble-after-judge-claims-being-called-transgender-is-not-defamation.html
Utter Madness.