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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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