| As Fairstein
Sues Netflix on Central Park 5 Now Motion
To Dismiss Due Dec 18 in SDNY
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Nov 16 – Linda Fairstein sued
Netflix and Ava DuVernay for
how she was portrayed in the
film "When They See Us" about
the Central Park Five.
On November
16, U.S. District Court for
the Southern District of New
York Judge P. Kevin Castel
held a proceeding. Inner City
Press live tweeted it, here:
Judge Castel is
asking about whether the law
of Florida, where Fairstein
initially filed the case,
applies.
Judge
Castel: "I don't decide at
this stage if something is
substantially true." That will
require discovery and a
trial.
Defense cites an
11th Circuit case that applied
New York law to say that
Fairstein cannot claim
defamation - and says case
should be dismissed early to
avoid chilling effect on
expression.
Judge Castel:
That depends on when the
statement was made. If Ms.
Fairstein were to say today
that I don't believe the The
Five participated in the
actual physical rape, only
present, that's not an
admission she believe that at
the time portrayed in the
story.
Judge Castel: I
am not a devotee of these
events. I have not seen the
Netflix documentary, nor Ken
Burns. As a New Yorker I have
a passing knowledge of the
underlying tragic events. But
when assessing true, you have
to assess the time period.
A
new motion by the defense is
due on December 18, with
Fairstein's response by
January 29 and defendants
reply by February 19.
The case is
Fairstein v. Netflix, Inc. et
al., 20-cv-8042 (Castel)
***
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