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Cameo Clips

By ALM Staff | Law Journal Newsletters |
March 28, 2007

CHARACTER-NAME SUITS/ANTI-SLAPP STATUTE

The Court of Appeal of California, Second District, Division 3, denied a defense motion to strike under the state's anti-SLAPP statute a lawsuit alleging defamation and invasion of privacy over the release of a DVD edition of the movie 'Reality Bites.' Dyer v. Childress, B187804. California Civil Code Sec. 425.16 is intended to protect against 'a strategic lawsuit against public participation,' that is, one that interferes with discussion of issues of public concern. Screenplay writer Helen Childress had gone to film school with an individual named Troy Dyer and included a character with that name portrayed as 'rebellious slacker.' The real Troy Dyer, now a financial consultant, sued after release of the Tenth Anniversary DVD edition of the movie. The defendants argued that use of Dyer's name amounted to 'conduct in furtherance of the exercise of the constitutional right of ' free speech in connection with ' an issue of public interest,' here issues that had confronted Generation X in the 1990s.

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