Linda Fairstein to sue Netflix over her portrayal in 'When They See Us'

Popular American author Linda Fairstein now has a credible claim against Netflix that she was defamed by When They See Us, the Netflix series from Ava DuVernay about the Central Park Five case. As she filed a suit against Netflix, DuVernay and writer Attica Locke in March 2020 for portraying her as a “racist, unethical villain” who framed five young men for rape.

Linda Fairstein on her defamation in the Netflix series

According to the reports by Variety, as Linda Fairstein sued Netflix in 2020, they came up with an argument that the show was protected by the First Amendment. They further argued that the filmmakers were allowed to use some dramatic license in creating her character that was substantially true. While the US Judge, Kevin Castel rejected numerous allegations made by Fairstein, he did agree that five of the scenes could’ve been defamatory. 

In a statement, the US Judge wrote, “The average viewer could conclude that these scenes have a basis in fact and do not merely reflect the creators’ opinions about controversial historical events.”

Andrew Miltenberg, Fairstein’s attorney, was ‘extremely pleased’ by the decision and stated, “We are glad that Ms. Fairstein now has the opportunity to pursue her claims with respect to five critical scenes in the series that falsely depict Ms. Fairstein engaging in coercive and discriminatory conduct in order to build a case against innocent young men of color,” 

On the other hand, Netflix issued a statement thanking Judge Castel for his thoughtful assessment of the issues and added that they will continue to vigorously defend When They See Us and the incredible team behind the series. They also stated that they were confident that they would prevail against Ms. Fairstein’s few remaining claims.

As the Judge, Castel allowed Fairstein to take her case ahead, he further stated, “The average viewer would not necessarily conclude that her remarks were merely a reflection of the filmmakers’ opinions about the perspective of law enforcement, and could instead conclude that Fairstein directed discriminatory policing practices.”

“The question of whether defendants actually agreed to defame Fairstein is properly subject to discovery, but the opprobrium expressed toward Fairstein in certain of defendants’ public comments lend some plausibility to the claim,” the judge wrote.

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