TV NEWS
TV NEWS
The Final-Ever Winner of America's Next Top Model Is... The time has come: Tyra Banks has crowned the Cycle 22 winner of America's Next Top Model, a.k.a. the final winner of the show -- ever. With four models remaining heading into the second half of the finale -- Mikey, Nyle, Lacey and Mame -- who made it out on top? Warning: Don't read on unless you've watched the finale, or if you're totally cool with spoilers. Either one is fine. OK, ready? And the last-ever winner of America's Next Top Model is: Nyle DiMarco, who also happens to be the second-ever male winner and the first deaf winner. The dark-haired model remained solidly in the middle of the pack until coming out of his shell in the sixth episode of the season, after a challenge that hoisted the contestants in the air to pose as possessed fashionistas. His second win came in the go-see episode, which also featured a photoshoot where each model posed with a dog. Nyle was paired with a gorgeous husky, and the steely-eyed shot of the model and pup gazing into the camera earned raves from the judges. While his fellow finalists took the top position in the weeks leading up to the finale, the 26-year-old wound up on top when it counted and won the coveted title of the final America's Next Top Model. While he's by no means the first deaf contestant to compete on a reality series -- there have been deaf contestants on Survivor, Chopped, The Amazing Race and Project Runway, and Marlee Matlin came in second on The Celebrity Apprentice -- he is the first one to take home the win. DiMarco also recurred on the latest season of ABC Family's Switched at Birth as a potential love interest for Vanessa Marano's Bay. "It was so funny... All of the burly, super macho grips on set were drunk by his beauty. Someone came up to me and said, 'I am completely comfortable in my heterosexuality, but that is a beautiful man,'" she told E! News about the model-actor's time on the show. (Eonline)
Billy Eichner Reveals How He Landed Julianne Moore, How He'll Top That Hilarious Billy on the Street Segment. Billy Eichner has a little predicament. He gifted the world with Julianne Moore crying on cue in the middle of Times Square for tips and now? Well, how do you top that? "We're trying every week to top ourselves," he told E! News' Will Marfuggi at GQ's Men of the Year celebration. "Next week we have Will Ferrell in a Christmas segment, we also have an obstacle course that's going to be slightly controversial, I don't want to give it away." A controversial obstacle course you say? Hmmm... Eichner revealed he got Moore, who took home an Oscar for Still Alice, to be on Billy on the Street via Twitter. She was following him -- "I don't know why, I guess she was a fan." -- so he sent her a direct message. "I knew if I went through a manager or publicist, it never would've happened because it's Julianne Moore," he explained. It was just a few weeks after she won the Oscar and she got back to him within an hour. The rest? TV history that you can see in the online video. Play the video to hear what Eichner had to say about watching Moore do those monologues, trying to land Meryl Streep on his show and which magazine he'd be Man of the Year of. (Eonline)
The Wiz's Show-Stopping Musical Numbers, Including Shanice Williams' "Home." Shanice Williams, take your victory lap. The Wiz Live! star became just that, a star Thursday night. The 18-year-old newcomer from New Jersey helped make NBC's latest live musical a hit, easily tackling the classics from the show, including "Home" and "Ease on Down the Road." Executive producer Neil Meron said it best. "Definitely a star is born. Get ready, America. This is only the first time people are going to be seeing Shanice Williams," he told us prior to the show's debut. In The Wiz Live, an all-star cast including Ne-Yo, Elijah Kelley, David Alan Grier, Stephanie Mills, Amber Riley, Uzo Aduba, Common, Mary J. Blige and Queen Latifah joined Williams. "She is amazing. This kid is unbelievable," Queen Latifah told E! News about Williams. "So talented and so sweet, down to earth, and she is nailing it. I really just see her as Dorothy now. She has reeled me in... I'm there." The Queen was right. What was your favorite number? The Wiz Live! will reair on Saturday Dec. 19 at 8 p.m. on NBC. (Eonline)
Fargo Season 3 Is Going Contemporary! Could Former Characters Show Up? Paging Allison Tolman and Colin Hanks! While we're not even to the end of season two yet, we already know when Fargo season three will be set, and we are definitely not mad at it. Creator Noah Hawley revealed to EW that season three will take place just a couple of years after season one, meaning we're back in "contemporary" times. As for whether characters from season one (or even two) might appear in the new season, Hawley simply said, "Potentially." We are potentially going to take that potential as a yes and believe with all our hearts that at least Allison Tolman, who starred as Molly Solverson in season one, will return to at least comfort us amidst whatever murder is about to take place in season three alongside her on-screen husband, Colin Hanks as Gus Grimly. Season one of the fantastic FX drama took place in Minnesota in 2006 and followed Molly and Gus as they tried to track down Billy Bob Thornton and solve the murder of Martin Freeman's wife. The happy little fact that they also happened to fall in love at the end was just a bonus. Season two, which concludes next week, takes place in 1979 and follows the small war that breaks out after a nice midwestern couple (Kirsten Dunst and Jesse Plemmons) cover up a hit and run of the member of a prominent crime family. Not only is a young Molly one of the characters, but the season also features her dad, Lou (Patrick Wilson). In the same way that seasons one and two were connected, season three will also feature references and little nods to the seasons before. Hawley won't give too much away about those connections, however. "There are going to be connections, the way the first year was connected to the movie and the second year was connected to the first, but I think part of the fun is figuring that stuff out and I wouldn't want to take that away from anybody," he told EW. "There will be definitely things that connect to something in our story." Fargo season three will air in 2016, and Hawley will be back, along with executive producers Warren Littlefield, Joel & Ethan Coen, and John Cameron. Season two of Fargo currently airs Mondays at 10 p.m. on FX. (Eonline)
Tyra Banks Announces Life-Size Sequel. Life-Size is coming back! Tyra Banks confirmed that the sequel to the 2000 Disney flick, which she starred in alongside Lindsay Lohan, is in development. In the film, Lohan played a young girl whose doll Eve (Banks) came to life. While the supermodel kept mum on specifics of the project, she told Digital Spy, "I have a meeting today to go over the script! I swear! I don't think it'll be out until probably 2015, but I'm guessing - it could be late 2014 or 2015. But it will be back -- Life-Size will be back, better than ever." As for any other details, including whether Lohan will be back in some capacity, Banks' lips were sealed. "I'm under contract with Disney and I can't talk about it at all, except that it's coming. But it will be very different, very different. Very modern -- a modern take," she continued. After the story was released, a Life-Size fan tweeted Banks, asking if it was true. "Don't play games with my heart. I need answers. @tyrabanks is this real life?," she tweeeted to the American's Next Top Model host, along with a shot of the article. "Tis true, Love," Banks responded Sunday. Miley Cyrus was also excited about the news of the sequel, tweeting, "Shine bright. Shine far. Don't be shy. BE A STAR! Watching Life Size in honor of the sequel." UPDATE: To make the news of this sequel even better, Tyra Banks has confirmed that she will be returning to reprise her role as Eve! "There is no one else that can play Eve but me, thank you very much!" Banks told Variety, who first reported the story. "I'm just joking with you, but yes, I am going to be Eve." She added, "It's a very precious project to the Disney Channel so they've been doing a lot of re-writes and making sure that this script is really right. I'm really excited about it. I think Life-Size is so popular that it can be a feature film because it has such a cult following, so I'm really interested to see what the ratings are going to do for that. I think it's going to be a blockbuster on TV." (Eonline)
Scott Disick is back to business as usual. The troubled reality star, who recently finished a stint in rehab, was spotted Christmas tree shopping with Caitlyn Jenner on Thursday, Dec. 3, while E! cameras rolled. According to an eyewitness, the pair were buying a tree for Jenner at Tina's Trees in L.A.'s Sherman Oaks neighborhood. "Scott and Caitlyn seemed really close and were having a good time," the eyewitness at Tina's Trees tells Us. "They were talking casually as they strolled around the lot." Both appear on E! shows Keeping Up With the Kardashians and I Am Cait. Their outing comes after Disick's reunion with ex Kourtney Kardashian following his successful stay at Cliffside Malibu, where he was seeking treatment for alcohol and substance abuse. The self-proclaimed Lord checked into the rehab facility in early October after months of partying following his July split from Kardashian. According to sources, now that Disick's sober, Kardashian has allowed him back into her life, as well as participate more in the lives of their kids Mason, 5, Penelope 3, Reign, 11 months. (US Weekly)
Did The Vampire Diaries Just Reveal Its Future Foe? For the first third of The Vampire Diaries' seventh season, we've caught glimpses of our characters three years in the future. Everyone's scattered around the country, but brought together when a mysterious female foe goes after the Salvatores. Now, in the penultimate TVD episode of 2015, it appears the show might have revealed just who that dangerous hunter could be: Their mother. And that's not even the craziest part! Just minutes before, in the present day, Lily Salvatore (Annie Wersching) had given up on the idea of figuring out a way to stop the evil doings of her d-bag boyfriend, Julian, to whom she was supernaturally linked, without hurting herself in the process. So instead of waiting for someone to Macgyver a fix, she just decided to end it all and staked herself in the heart. It would've worked, except for the fact that Julian had already lifted the curse that linked them. So not only was she dying for no reason, her dangerous monster of a boyfriend got to live on. Flash forward three years, and we see Damon chained up inside Caroline's news studio. "Mom, are you still here?" he asks. "I'm so sorry. I don't think I can save you. You've been poisoned with werewolf toxin. Without proper treatment, you'll die soon," an alive and well Lily responds. (Um, Originals crossover alert?) But, you ask, why would she decide to go after her sons? (Well, you're probably asking how she comes back to life, but it seems pretty obvious that the Phoenix Stone, which can reunite the souls of dead vampires with their bodies, will come into play.) The reason Mama S. could be so pissed at her sons? Oh, just the fact that they were essentially like, "Bye, b----" as she laid on her deathbed. "You made your bed. Have a nice nap," Damon told her. Damn, Damon! That's ice cold! We don't actually know if Lily is the mysterious woman after the Salvatore brothers, but it seems very likely that it could be. (Eonline)
Jay Leno is staying put at CNBC. The car-loving comedian's Tonight Show follow-up, Jay Leno's Garage, just got the green light for a second season. An additional 12 hour-long episodes are set to air in spring 2016 on the heels of a solid freshman outing, the most-watched first-year series in the network's recent push into alternative programming. "We are really excited to be picked up for another season," said Leno. "We have a lot of great things planned. It will be a wild ride." That "wild ride" includes Leno's journalistic approach to all things car-related -- including road tests, investments and an analysis of the collector car market. "Every week viewers get the opportunity to ride along with the ultimate car enthusiast," said CNBC executive yp alternative Jim Ackerman. "Jay Leno's passion for cars and unique storytelling resonates with viewers, and we are excited to hit the road again this spring." (Hollywood Reporter)
Lee Daniels could have simply denied Sean Penn's allegations in a $10 million defamation lawsuit. Instead, the Empire creator is shooting for the moon with an attempt to dismiss Penn's lawsuit at an early stage. In court papers filed in New York state court on Thursday, Daniels slams his legal adversary for attempting to chill constitutionally protected free speech. Penn sued Daniels in September over a comment that Daniels had made. In an interview with The Hollywood Reporter published earlier that month, Daniels defended Empire star Terrence Howard over media reports of domestic trouble. "[Terrence] ain't done nothing different than Marlon Brando or Sean Penn, and all of a sudden he's some f -- in' demon," Daniels told THR. "That's a sign of the time, of race, of where we are right now in America." The lawsuit from Penn, who denies ever hitting women, alleges this is defamation because it "falsely equates" Howard with Penn. Today, Daniels responds that his comment represents non-actionable opinion and is not susceptible to defamatory meaning. As such, his motion to dismiss states, "Penn's Complaint is merely a blunt-force instrument wielded in an attempt to control the narrative of his life and to expunge alleged misdeeds sensationalized by the press for decades. Worse yet, the Complaint attempts to silence Daniels' honestly held opinion, a contribution to the marketplace of ideas voiced during the nation's agonizing debate about racial disparity and domestic violence. The First Amendment abhors attempts to chill speech on hot topics." Because this is a motion to dismiss rather than a motion for summary judgment, the judge is obligated to accept plaintiffs' version of events in the pleading. Daniels' challenge is convincing the judge that even on its face, what Daniels said can't be proven true or false, has no implications that would get a reader there and is naked opinion. The bulk of the motion (read here in full) is devoted to supporting this goal, with word that the supposed imputing of criminal behavior on Penn's part would only be seen by those reading Howard's interview and doing an independent investigation. Daniels further argues that both the context of the article (his discussion of the Empire phenomenon) and the broader social context (diversity in Hollywood, how the media treats racial issues) both signal opinion. Despite being constrained by what a judge will accept at the motion to dismiss phase, Daniels nevertheless attempts to argue the absence of actual malice. Not only that, but Daniels puts forward a "substantially true" defense -- pointing to "a quarter century of regular media coverage on Penn's alleged domestic abuse" (which pertains to his relationship in the late '80s with Madonna) -- and makes a provocative "libel proof" argument that would in most circumstances be an issue reserved for a jury, or at least a judge after some factual investigation. Daniels' attorney James Sammataro states that a Google search of "Sean Penn and domestic violence" produces 432,000 results. "Given the volume and breadth of the publicity regarding Penn's alleged domestic abuse, together with the severity and specificity of Penn's alleged actions, the Challenged Statement could not have harmed his already tarnished reputation on the topic of domestic abuse," he writes. Penn will, of course, oppose the dismissal motion. If he succeeds, the case would move to a discovery phase that could certainly be risky (at least from a P.R. standpoint) for both sides. Matthew Rosengart, Penn's attorney, says he is relishing that opportunity. In a statement about Daniels' motion, Rosengart says, "The defendant's statements were false, outrageous and defamatory, and his strained efforts to justify them are unavailing and often nonsensical. The claim that the suit was brought to suppress a free-speech right is facially absurd. The defendant's defamatory statements obviously served no legitimate or other journalistic purpose. To the contrary, the defendant defamed Mr. Penn (and Marlon Brando), for his own personal aggrandizement and profit, to serve his own economic and personal agenda and to promote and brand his television show. We look forward to prosecuting our case in court." (Hollywood Reporter)
The Final-Ever Winner of America's Next Top Model Is... The time has come: Tyra Banks has crowned the Cycle 22 winner of America's Next Top Model, a.k.a. the final winner of the show -- ever. With four models remaining heading into the second half of the finale -- Mikey, Nyle, Lacey and Mame -- who made it out on top? Warning: Don't read on unless you've watched the finale, or if you're totally cool with spoilers. Either one is fine. OK, ready? And the last-ever winner of America's Next Top Model is: Nyle DiMarco, who also happens to be the second-ever male winner and the first deaf winner. The dark-haired model remained solidly in the middle of the pack until coming out of his shell in the sixth episode of the season, after a challenge that hoisted the contestants in the air to pose as possessed fashionistas. His second win came in the go-see episode, which also featured a photoshoot where each model posed with a dog. Nyle was paired with a gorgeous husky, and the steely-eyed shot of the model and pup gazing into the camera earned raves from the judges. While his fellow finalists took the top position in the weeks leading up to the finale, the 26-year-old wound up on top when it counted and won the coveted title of the final America's Next Top Model. While he's by no means the first deaf contestant to compete on a reality series -- there have been deaf contestants on Survivor, Chopped, The Amazing Race and Project Runway, and Marlee Matlin came in second on The Celebrity Apprentice -- he is the first one to take home the win. DiMarco also recurred on the latest season of ABC Family's Switched at Birth as a potential love interest for Vanessa Marano's Bay. "It was so funny... All of the burly, super macho grips on set were drunk by his beauty. Someone came up to me and said, 'I am completely comfortable in my heterosexuality, but that is a beautiful man,'" she told E! News about the model-actor's time on the show. (Eonline)
Billy Eichner Reveals How He Landed Julianne Moore, How He'll Top That Hilarious Billy on the Street Segment. Billy Eichner has a little predicament. He gifted the world with Julianne Moore crying on cue in the middle of Times Square for tips and now? Well, how do you top that? "We're trying every week to top ourselves," he told E! News' Will Marfuggi at GQ's Men of the Year celebration. "Next week we have Will Ferrell in a Christmas segment, we also have an obstacle course that's going to be slightly controversial, I don't want to give it away." A controversial obstacle course you say? Hmmm... Eichner revealed he got Moore, who took home an Oscar for Still Alice, to be on Billy on the Street via Twitter. She was following him -- "I don't know why, I guess she was a fan." -- so he sent her a direct message. "I knew if I went through a manager or publicist, it never would've happened because it's Julianne Moore," he explained. It was just a few weeks after she won the Oscar and she got back to him within an hour. The rest? TV history that you can see in the online video. Play the video to hear what Eichner had to say about watching Moore do those monologues, trying to land Meryl Streep on his show and which magazine he'd be Man of the Year of. (Eonline)
The Wiz's Show-Stopping Musical Numbers, Including Shanice Williams' "Home." Shanice Williams, take your victory lap. The Wiz Live! star became just that, a star Thursday night. The 18-year-old newcomer from New Jersey helped make NBC's latest live musical a hit, easily tackling the classics from the show, including "Home" and "Ease on Down the Road." Executive producer Neil Meron said it best. "Definitely a star is born. Get ready, America. This is only the first time people are going to be seeing Shanice Williams," he told us prior to the show's debut. In The Wiz Live, an all-star cast including Ne-Yo, Elijah Kelley, David Alan Grier, Stephanie Mills, Amber Riley, Uzo Aduba, Common, Mary J. Blige and Queen Latifah joined Williams. "She is amazing. This kid is unbelievable," Queen Latifah told E! News about Williams. "So talented and so sweet, down to earth, and she is nailing it. I really just see her as Dorothy now. She has reeled me in... I'm there." The Queen was right. What was your favorite number? The Wiz Live! will reair on Saturday Dec. 19 at 8 p.m. on NBC. (Eonline)
Fargo Season 3 Is Going Contemporary! Could Former Characters Show Up? Paging Allison Tolman and Colin Hanks! While we're not even to the end of season two yet, we already know when Fargo season three will be set, and we are definitely not mad at it. Creator Noah Hawley revealed to EW that season three will take place just a couple of years after season one, meaning we're back in "contemporary" times. As for whether characters from season one (or even two) might appear in the new season, Hawley simply said, "Potentially." We are potentially going to take that potential as a yes and believe with all our hearts that at least Allison Tolman, who starred as Molly Solverson in season one, will return to at least comfort us amidst whatever murder is about to take place in season three alongside her on-screen husband, Colin Hanks as Gus Grimly. Season one of the fantastic FX drama took place in Minnesota in 2006 and followed Molly and Gus as they tried to track down Billy Bob Thornton and solve the murder of Martin Freeman's wife. The happy little fact that they also happened to fall in love at the end was just a bonus. Season two, which concludes next week, takes place in 1979 and follows the small war that breaks out after a nice midwestern couple (Kirsten Dunst and Jesse Plemmons) cover up a hit and run of the member of a prominent crime family. Not only is a young Molly one of the characters, but the season also features her dad, Lou (Patrick Wilson). In the same way that seasons one and two were connected, season three will also feature references and little nods to the seasons before. Hawley won't give too much away about those connections, however. "There are going to be connections, the way the first year was connected to the movie and the second year was connected to the first, but I think part of the fun is figuring that stuff out and I wouldn't want to take that away from anybody," he told EW. "There will be definitely things that connect to something in our story." Fargo season three will air in 2016, and Hawley will be back, along with executive producers Warren Littlefield, Joel & Ethan Coen, and John Cameron. Season two of Fargo currently airs Mondays at 10 p.m. on FX. (Eonline)
Tyra Banks Announces Life-Size Sequel. Life-Size is coming back! Tyra Banks confirmed that the sequel to the 2000 Disney flick, which she starred in alongside Lindsay Lohan, is in development. In the film, Lohan played a young girl whose doll Eve (Banks) came to life. While the supermodel kept mum on specifics of the project, she told Digital Spy, "I have a meeting today to go over the script! I swear! I don't think it'll be out until probably 2015, but I'm guessing - it could be late 2014 or 2015. But it will be back -- Life-Size will be back, better than ever." As for any other details, including whether Lohan will be back in some capacity, Banks' lips were sealed. "I'm under contract with Disney and I can't talk about it at all, except that it's coming. But it will be very different, very different. Very modern -- a modern take," she continued. After the story was released, a Life-Size fan tweeted Banks, asking if it was true. "Don't play games with my heart. I need answers. @tyrabanks is this real life?," she tweeeted to the American's Next Top Model host, along with a shot of the article. "Tis true, Love," Banks responded Sunday. Miley Cyrus was also excited about the news of the sequel, tweeting, "Shine bright. Shine far. Don't be shy. BE A STAR! Watching Life Size in honor of the sequel." UPDATE: To make the news of this sequel even better, Tyra Banks has confirmed that she will be returning to reprise her role as Eve! "There is no one else that can play Eve but me, thank you very much!" Banks told Variety, who first reported the story. "I'm just joking with you, but yes, I am going to be Eve." She added, "It's a very precious project to the Disney Channel so they've been doing a lot of re-writes and making sure that this script is really right. I'm really excited about it. I think Life-Size is so popular that it can be a feature film because it has such a cult following, so I'm really interested to see what the ratings are going to do for that. I think it's going to be a blockbuster on TV." (Eonline)
Scott Disick is back to business as usual. The troubled reality star, who recently finished a stint in rehab, was spotted Christmas tree shopping with Caitlyn Jenner on Thursday, Dec. 3, while E! cameras rolled. According to an eyewitness, the pair were buying a tree for Jenner at Tina's Trees in L.A.'s Sherman Oaks neighborhood. "Scott and Caitlyn seemed really close and were having a good time," the eyewitness at Tina's Trees tells Us. "They were talking casually as they strolled around the lot." Both appear on E! shows Keeping Up With the Kardashians and I Am Cait. Their outing comes after Disick's reunion with ex Kourtney Kardashian following his successful stay at Cliffside Malibu, where he was seeking treatment for alcohol and substance abuse. The self-proclaimed Lord checked into the rehab facility in early October after months of partying following his July split from Kardashian. According to sources, now that Disick's sober, Kardashian has allowed him back into her life, as well as participate more in the lives of their kids Mason, 5, Penelope 3, Reign, 11 months. (US Weekly)
Did The Vampire Diaries Just Reveal Its Future Foe? For the first third of The Vampire Diaries' seventh season, we've caught glimpses of our characters three years in the future. Everyone's scattered around the country, but brought together when a mysterious female foe goes after the Salvatores. Now, in the penultimate TVD episode of 2015, it appears the show might have revealed just who that dangerous hunter could be: Their mother. And that's not even the craziest part! Just minutes before, in the present day, Lily Salvatore (Annie Wersching) had given up on the idea of figuring out a way to stop the evil doings of her d-bag boyfriend, Julian, to whom she was supernaturally linked, without hurting herself in the process. So instead of waiting for someone to Macgyver a fix, she just decided to end it all and staked herself in the heart. It would've worked, except for the fact that Julian had already lifted the curse that linked them. So not only was she dying for no reason, her dangerous monster of a boyfriend got to live on. Flash forward three years, and we see Damon chained up inside Caroline's news studio. "Mom, are you still here?" he asks. "I'm so sorry. I don't think I can save you. You've been poisoned with werewolf toxin. Without proper treatment, you'll die soon," an alive and well Lily responds. (Um, Originals crossover alert?) But, you ask, why would she decide to go after her sons? (Well, you're probably asking how she comes back to life, but it seems pretty obvious that the Phoenix Stone, which can reunite the souls of dead vampires with their bodies, will come into play.) The reason Mama S. could be so pissed at her sons? Oh, just the fact that they were essentially like, "Bye, b----" as she laid on her deathbed. "You made your bed. Have a nice nap," Damon told her. Damn, Damon! That's ice cold! We don't actually know if Lily is the mysterious woman after the Salvatore brothers, but it seems very likely that it could be. (Eonline)
Jay Leno is staying put at CNBC. The car-loving comedian's Tonight Show follow-up, Jay Leno's Garage, just got the green light for a second season. An additional 12 hour-long episodes are set to air in spring 2016 on the heels of a solid freshman outing, the most-watched first-year series in the network's recent push into alternative programming. "We are really excited to be picked up for another season," said Leno. "We have a lot of great things planned. It will be a wild ride." That "wild ride" includes Leno's journalistic approach to all things car-related -- including road tests, investments and an analysis of the collector car market. "Every week viewers get the opportunity to ride along with the ultimate car enthusiast," said CNBC executive yp alternative Jim Ackerman. "Jay Leno's passion for cars and unique storytelling resonates with viewers, and we are excited to hit the road again this spring." (Hollywood Reporter)
Lee Daniels could have simply denied Sean Penn's allegations in a $10 million defamation lawsuit. Instead, the Empire creator is shooting for the moon with an attempt to dismiss Penn's lawsuit at an early stage. In court papers filed in New York state court on Thursday, Daniels slams his legal adversary for attempting to chill constitutionally protected free speech. Penn sued Daniels in September over a comment that Daniels had made. In an interview with The Hollywood Reporter published earlier that month, Daniels defended Empire star Terrence Howard over media reports of domestic trouble. "[Terrence] ain't done nothing different than Marlon Brando or Sean Penn, and all of a sudden he's some f -- in' demon," Daniels told THR. "That's a sign of the time, of race, of where we are right now in America." The lawsuit from Penn, who denies ever hitting women, alleges this is defamation because it "falsely equates" Howard with Penn. Today, Daniels responds that his comment represents non-actionable opinion and is not susceptible to defamatory meaning. As such, his motion to dismiss states, "Penn's Complaint is merely a blunt-force instrument wielded in an attempt to control the narrative of his life and to expunge alleged misdeeds sensationalized by the press for decades. Worse yet, the Complaint attempts to silence Daniels' honestly held opinion, a contribution to the marketplace of ideas voiced during the nation's agonizing debate about racial disparity and domestic violence. The First Amendment abhors attempts to chill speech on hot topics." Because this is a motion to dismiss rather than a motion for summary judgment, the judge is obligated to accept plaintiffs' version of events in the pleading. Daniels' challenge is convincing the judge that even on its face, what Daniels said can't be proven true or false, has no implications that would get a reader there and is naked opinion. The bulk of the motion (read here in full) is devoted to supporting this goal, with word that the supposed imputing of criminal behavior on Penn's part would only be seen by those reading Howard's interview and doing an independent investigation. Daniels further argues that both the context of the article (his discussion of the Empire phenomenon) and the broader social context (diversity in Hollywood, how the media treats racial issues) both signal opinion. Despite being constrained by what a judge will accept at the motion to dismiss phase, Daniels nevertheless attempts to argue the absence of actual malice. Not only that, but Daniels puts forward a "substantially true" defense -- pointing to "a quarter century of regular media coverage on Penn's alleged domestic abuse" (which pertains to his relationship in the late '80s with Madonna) -- and makes a provocative "libel proof" argument that would in most circumstances be an issue reserved for a jury, or at least a judge after some factual investigation. Daniels' attorney James Sammataro states that a Google search of "Sean Penn and domestic violence" produces 432,000 results. "Given the volume and breadth of the publicity regarding Penn's alleged domestic abuse, together with the severity and specificity of Penn's alleged actions, the Challenged Statement could not have harmed his already tarnished reputation on the topic of domestic abuse," he writes. Penn will, of course, oppose the dismissal motion. If he succeeds, the case would move to a discovery phase that could certainly be risky (at least from a P.R. standpoint) for both sides. Matthew Rosengart, Penn's attorney, says he is relishing that opportunity. In a statement about Daniels' motion, Rosengart says, "The defendant's statements were false, outrageous and defamatory, and his strained efforts to justify them are unavailing and often nonsensical. The claim that the suit was brought to suppress a free-speech right is facially absurd. The defendant's defamatory statements obviously served no legitimate or other journalistic purpose. To the contrary, the defendant defamed Mr. Penn (and Marlon Brando), for his own personal aggrandizement and profit, to serve his own economic and personal agenda and to promote and brand his television show. We look forward to prosecuting our case in court." (Hollywood Reporter)
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