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CA High Court Sides With 'Friends' Writers

By Mike McKee
April 28, 2006

Script writers for both television sitcoms and dramas have been given the license to be as raunchy as they like during the creative process ' as long as their raw talk doesn't single out specific people as the butt of the jokes. In a case that put the entertainment and publishing industries on edge ' and had some Hollywood honchos speaking out ' the California Supreme Court unanimously ruled that sexually coarse and vulgar language is often a necessary part of the creative process when producing a hit TV show. Lyle v. Warner Brothers Television Productions, S125171.

The case involved alleged harassment by writers for the award-winning sitcom 'Friends,' and the decision, authored by Justice Marvin Baxter, held that crass brainstorming ' complete with foul words and lewd sexual simulations ' crosses the line only if it targets a person because of his or her sex or is severe enough to create a hostile work environment.

Neither behavior occurred in Lyle, Baxter held. 'The record here reflects a workplace where comedy writers were paid to create scripts highlighting adult-themed sexual humor and jokes, and where members of both sexes contributed and were exposed to the creative process,' he wrote. 'Moreover,' he continued, 'there was nothing to suggest the defendants engaged in this particular behavior to make plaintiff uncomfortable or self-conscious, or to intimidate, ridicule or insult her.'

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