A three-judge panel of the Second U.S. Circuit Court of Appeals in Manhattan ruled unanimously Thursday to dismiss a $95 million lawsuit filed by Moore and his wife against Cohen, Showtime and its corporate owner CBS over a segment of “Who Is America? ” program that aired on Showtime in 2018.
During the segment, Cohen interviewed Moore, a former chief justice of the Alabama Supreme Court and a controversial Republican who lost a special election to fill the U.S. Senate seat vacated by Jeff Sessions under the guise of receiving an award honoring his support for the state of Israel.
Baron Cohen portrayed himself as an Israeli counterterrorism expert and former intelligence agent in the segment, during which he showed news clips reporting allegations from Judge Moore’s Senate campaign that he had engaged in sexual misconduct. (Moore has denied the allegations.)
As a character, Baron Cohen describes a fictional “pedophile detector”. During the episode, the device, which looks like a handheld metal detector, was shown beeping near Moore, implying that he was a pedophile. Moore left the interview.
In its decision, the Second Circuit said Judge Moore had signed a waiver before the interview, the plain text of which barred Moore from future claims for defamation, intentional infliction of emotional distress and fraud. The court also agreed with a lower court “that the segment in question was clearly a comedy and that no reasonable viewer would conclude otherwise.”
“Humor is an important medium of legitimate expression and central to the well-being of people, society and their government,” the ruling said.
Larry Kleiman, Moore’s attorney, told CNN on Friday that they plan to petition for a rehearing. Klyman said he considered the decision a “terrible decision” that went beyond “Roy Moore,” suggesting that at least two of the judges on the three-judge panel, all of whom were appointed by Democratic presidents Clinton and Obama, dissented of Moore because he is a Republican.
CNN turned to the U.S. Circuit Court of Appeals for a response to Klyman’s claim of bias.
Klayman added that he believes the case should have gone to a jury and that the release Moore signed was “ambiguous.”
In the consent agreement, Moore has hand-crossed out a section dealing with sexual content. So far, the court ruled, “We’re not convinced.”
“After nearly four years of litigation, it appears that Mr. Moore’s frivolous lawsuit has finally come to an end,” Russell Smith, Baron Cohen’s attorney, told CNN on Friday
CNN has reached out to CBS for comment. Showtime declined to comment on the decision when contacted by CNN.
Add Comment