Gina Carano is currently engaged in a legal battle with her former employers – The Walt Disney Company and Lucasfilm. Back in February, the MMA fighter-turned-actress sued both entities over her 2021 firing from the show. Carano’s lawsuit lists alleged discrimination and wrongful termination as the reasons for which she’s taking legal action. Up to this point, Disney has not publicly commented on the situation. Now, however, its legal team has issued a response, which includes an argument against the filing.
Lawyers for the entertainment conglomerate filed a motion this past week, according to Variety. Legal documents obtained by the trade show that the company is arguing that it has “a constitutional right not to associate its artistic expression with Carano’s speech.” With this argument of a supposed First Amendment right, Disney is looking to have the suit tossed out entirely. When it comes to the argument at the center of this motion, one section of the filing reads as follow:
Insert Disney's First Amendment right to disassociate its speech from Carano's offensive viewpoints precludes all three of Carano's causes of action. Counts I and II of Carano's complaint are plainly barred by the First Amendment. In those counts, Carano seeks to hold Disney liable for taking an adverse action against her based on Disney's 'disagreement with Carano's political beliefs.' But as already explained, Disney had a constitutional right to dissociate its own artistic message from Carano's outspoken 'political beliefs.' Because these claims aim to 'require [Disney] to modify the content of [its] expression,' they cannot proceed.
Gina Carano came under fire in 2020 after sharing controversial social media posts on multiple occasions, which garnered backlash from fans. During the COVID lockdown that year, she questioned some of the health protocols that had been put in place. Additionally, she poked fun at pronoun usage on social media accounts and shared content that apparently questioned the legitimacy of the 2020 U.S. Presidential Election. Finally, another polarizing post from Carano compared the treatment of contemporary conservatives to that of Jews in Nazi Germany. Per Disney’s suit, that was “the final straw” that led to her ousting.
After it was revealed that she was no longer employed with Lucasfilm, the Fast & Furious alum has been candid about the alleged experiences she had while working for it. She claimed that she was “bullied” and “head-hunted” due to her personal beliefs. Through her suit, Gina Carano laid out measures that were taken to help smooth out the backlash against her viral comments. That apparently included a Zoom meeting with GLAAD to discuss ways to move forward. Carano explained earlier this month that she’s had a difficult time finding work since being let go. As she put it, she feels like she’s been “sitting here in the desert.”
Business magnate Elon Musk is providing financial support for the lawsuit “a sign of X Corp’s commitment to free speech.” The social media platform’s head of business operations, Joe Benarroch, explained that by doing so, the corporation is “empowering” the Deadpool alum to “seek vindication of her free speech rights on X and the ability to work without bullying, harassment, or discrimination.”
As of this writing, neither Gina Carano nor her legal counsel have yet to issue a response. It can’t be said for sure how a decision on this lawsuit will ultimately look. What can be said, though, is that both Disney and Carano seem to believe that they both hold compelling arguments in support of their desired outcomes.
