The legal battle involving former Star Wars actress Gina Carano took a significant turn this week, as her lawsuit against Disney for wrongful termination over her social media posts will continue following a court ruling.
Los Angeles District Judge Sherilyn Peace Garnett ruled against Disney’s motion to dismiss the case, ensuring that Carano’s claims will be thoroughly examined in court.
We obtained a copy of the ruling for you here.
Gina Carano, with the financial backing of Tesla CEO Elon Musk, accused Disney of unfairly firing her from her role as Cara Dune in The Mandalorian simply because they disagreed with her political views expressed in social media posts.
Carano’s lawsuit alleges that her termination was a retaliatory response to her social media activity, which included posts about COVID-19 policies, election integrity, and gender pronouns. The defendants, Disney and Lucasfilm, argued for dismissal, claiming a First Amendment right to choose the actors who help them convey their artistic messages. However, the court found insufficient evidence at this stage to determine that Carano’s off-screen activities necessitated her firing to protect the content of The Mandalorian.
“The complaint lacks allegations to support Defendants’ assertion that Plaintiff’s ‘presence as a prominent actor on The Mandalorian interfered with [Defendants’] choice not to produce a show associated with her beliefs,'” the court’s order stated.
The lawsuit details the intense scrutiny and backlash Carano faced online, which escalated into demands from her employers to retract her statements and participate in what she described as a “‘re-education’ program.”
Carano’s legal complaint paints a picture of uneven enforcement of social media policies within Disney, noting that other actors who shared contentious views did not face similar repercussions. This perceived inconsistency is central to her claims of wrongful termination under California labor laws, which protect employees from being fired for political activities or speech.
Judge Sherilyn Peace Garnett’s ruling allows Carano’s lawsuit to proceed, emphasizing that at this juncture, the court must accept the factual allegations in the complaint as true. The case could potentially explore the boundaries of employers’ rights over their creative properties versus the individual rights of employees to freedom of expression.
This outcome not only keeps Carano’s lawsuit alive but also potentially exposes Disney to a discovery process.
Carano responded to the ruling on X, saying: “After a brutal 3 1/2 years, I am being given the opportunity to move forward in the court of law before the judge and my peers to clear my name. I am so grateful for this opportunity.”
