Claims Against Michael Moore Thrown Out
United Press International
Sep 07, 2010
A federal magistrate in Washington state threw out major portions of a lawsuit filed against filmmaker Michael Moore and his documentary "Sicko."
The Academy Award-nominated director's film deals with healthcare. A new state law prohibits lawsuits targeting conduct associated with free speech and the First Amendment. The Moore case was the first application of the law.
The Seattle Times said U.S. Magistrate Judge Karen Strombom in Tacoma granted Moore's request to dismiss invasion of privacy and "misappropriation of likeness" claims. The claims were in the suit filed by Hoquiam, Wash., resident Ken Aronson.
The magistrate judge said Moore's use of 71 seconds of video owned by Aronson was part of the debate on an issue of significant public concern, healthcare, and its use was protected by the free speech guarantees of the First Amendment, the Times said.
The video was sent by Aronson's friend Eric Turnbow -- Moore was asking for healthcare depictions from overseas -- and showed Turnbow being injured and treated in England after trying to walk on his hands across Abbey Road in London.
Turnbow signed a waiver but Aronson did not, the newspaper said.
Though a claim of copyright infringement survives, Aronson was ordered to pay a $10,000 fine and Moore's legal expenses.
Aronson's lawyer said he is considering an appeal.
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