Should Motion Picture Studios and Filmmakers Face Tort Liability for the Acts of Individuals Who Watch Their Films

Authors

S. Michael Kernan

Abstract

Motion pictures are speech, just like any other form of expression. As such, the First Amendment protects filmmakers from both criminal liability and tort liability for the speech in their films. A recent opinion from Louisiana, which was denied review by the United States Supreme Court, may have a great impact on filmmaker liability. As long as a plaintiff follows a specific pleading format, filmmakers will be forced to spend the money necessary to defend against potentially frivolous lawsuits all the way through the discovery phase, up and until they prepare an expensive motion for summary judgment. This article analyzes the opinion and seeks to distinguish it in light of existing First Amendment law.

Recommended Citation

S. Michael Kernan, Should Motion Picture Studios and Filmmakers Face Tort Liability for the Acts of Individuals Who Watch Their Films, 21 UC Law SF Comm. & Ent. L.J. 695 (1999).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol21/iss4/2