Netflix Inc., Conde Nast Entertainment LLC and a producer of the documentary series “Last Chance U” were protected by the First Amendment in the portrayal of six former college football players who sued for defamation and false light invasion of privacy, a judge ruled Thursday.
Los Angeles Superior Court Judge Lynne M. Hobbs granted an anti-SLAPP motion filed by the two companies and documentary filmmaker Greg Whiteley.
“Defendants have demonstrated that the gravamen of plaintiffs’ allegations against them arises from protected activity,” the judge wrote.
The state’s anti-SLAPP –Strategic Lawsuit Against Public Participation– law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights
In “Last Chance U,” Whitely found East Mississippi Community College the “perfect setting” to tell the story of junior college football given that it had developed a “powerhouse program” in a rural area, according to the defense attorneys’ court papers.
“The series is a window into the world of (junior college) athletics and what it is like to be a football player in this world, far from the spotlight of Division I and professional sports,” Whiteley said in a sworn declaration.” It also is a human-interest story of underdogs and of redemption, as these student-athletes try to fight against the headwinds of often troubled upbringings and long odds for a last chance to make it big.”
Initially, five plaintiffs promoted and celebrated the series, including on their own social-media accounts and in media statements, and four plaintiffs remained friendly with Whitely for years, the defense attorneys further stated in their court papers.
“After nearly nine steady years of openly celebrating, promoting, embracing and not objecting to their appearances on seasons 1 and 2 of the series, plaintiffs filed this action…,” the defense lawyers additionally said in their pleadings.
“Last Chance U” ran for five years, ending in 2020, and the plaintiffs alleged in the lawsuit filed Feb. 10 that they were portrayed in a “false, offensive, and damaging” manner. The plaintiffs further contended that Netflix convinced them to enter agreements without leveling with them about how they would be portrayed.
Plaintiff John Franklin III was conveyed as a “spoiled, cocky, arrogant, brat” in order to “dramatize their show and increase viewer ratings,” the suit alleges.
The players were not paid for the use of their likenesses despite the “significant financial benefit” earned by Netflix, the suit alleges.
The plaintiffs’ lawsuit will continue against the college and the National Junior College Athletic Association.