Legal Opinion

De Havilland v. FX Networks, LLC

California Court of Appeal, 5th District

Decided March 26, 2018No. B285629PublishedCited by 18 opinions

1Opinion of the CourtEgerton, J.

*630*849Authors write books. Filmmakers make films. Playwrights craft plays. And television writers, directors, and producers create television *850shows and put them on the air-or, in these modern times, online. The First Amendment protects these expressive works and the free speech rights of their creators. Some of these works are fiction. Some are factual. And some are a combination of fact and fiction. That these creative works generate income for their creators does not diminish their constitutional protection. The First Amendment does not require authors, filmmakers, playwrights, and television…

2Cases cited52 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Masson v. New Yorker Magazine, Inc.Supreme Court of the United States · 1991
  3. Navellier v. SlettenCalifornia Supreme Court · 2002
  4. Equilon Enterprises v. Consumer Cause, Inc.California Supreme Court · 2002
  5. Briggs v. Eden Council for Hope & OpportunityCalifornia Supreme Court · 1999

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3Cited by18 opinions

  1. Inna Khodorkovskaya v. Jacquelyn GayCourt of Appeals for the D.C. Circuit · 2021
  2. Abuelhawa v. Santa Clara UniversityDistrict Court, N.D. California · 2021
  3. Batis v. Dun & Bradstreet Holdings, Inc.District Court, N.D. California · 2023
  4. Benjamin Paul De Ayora, Christine Wiley, Mikhail Gershzon, and George Nino v. Inspire Brands, Inc., Arby’s Restaurant Group, Inc., Jimmy John’s Franchisor SPV, LLC, Sonic Industries Services, LLC, and Dunkin’ Brands, Inc.District Court, N.D. California · 2025
  5. City of Oakland v. The Oakland RaidersCalifornia Court of Appeal · 2022

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