Olivia de Havilland’s Lawsuit Over FX’s ‘Feud’ Denied Review by Supreme Court
Actress had claimed that Ryan Murphy series depicted her in a false light
Tim Baysinger | January 7, 2019 @ 8:20 AM
Last Updated: July 1, 2020 @ 2:52 PM
Photo courtesy of A.M.P.A.S. via Getty Images
The Supreme Court denied a review of a lawsuit by actress Olivia de Havilland, who sued FX Networks over its depiction of her in the Ryan Murphy series, “Feud: Bette and Joan.”
The high court on Monday rejected her petition to review the dismissal of her lawsuit, which had been allowed to proceed initially by a Los Angeles judge, before a California appeals court reversed that decision. De Havilland then attempted to petition both the California Supreme Court and the U.S. Supreme Court, but neither thought any intervention was necessary.
The Supreme Court did not give a reason for its decision, instead listing her court case under “Certiorari Denied” (Certiorari is the legal term used when a higher court reviews a lower court’s decision).
“We and Miss de Havilland are disappointed that the US Supreme Court passed on this opportunity to confirm that the First Amendment does not protect the publication of intentional lies in any medium, including so called docudramas. The California Court of Appeal has turned the First Amendment upside down and without doubt more harm to individuals and public deception will result,” a spokesperson for the law firm representing de Havilland said in a statement.
“One day someone else who is wronged for the sake of Hollywood profits will have the courage to stand on the shoulders of Miss de Havilland and fight for the right to defend a good name and legacy against intentional, unconsented exploitation and falsehoods. Miss de Havilland hopes she will live to see the day when such justice is done.”
The 102-year-old de Havilland was portrayed by Catherine Zeta-Jones in the limited series about Bette Davis and Joan Crawford. She claimed that the series depicted her in an unflattering light as a “vulgar gossip” and “hypocrite.” Specifically, her lawsuit asserted her right of publicity and false light.
Her legal case was centered around the issue of whether Hollywood projects are protected by the First Amendment, which de Havilland’s legal team argued that FX went too far with “Feud.” The California appeals court ruled that her lawsuit should have been thrown out initially by the Los Angeles judge because it’s precluded by the First Amendment.
'The People v OJ Simpson': 10 Bizarre Details the Show Got Right
After Sacha Baron Cohen's insane interview with OJ Simpson, let's take a moment to revisit just how many bizarre details of Simpson's murder trial FX's "The People v OJ Simpson" got exactly right.
Showtime
Watching "The People v OJ Simpson," you likely wondered if OJ Simpson (Cuba Gooding Jr.), Johnnie Cochran (Courtney B. Vance), Marcia Clark (Sarah Paulson) and Christopher Darden (Sterling K. Brown) really said some of the amazing lines the script put in their mouths.
We combed through the series, the book that inspired it -- Jeffrey Toobin's "The Run of His Life: The People v OJ Simpson" -- and other sources to fact check some of the most outrageous moments and statements on the show.
Our verdict? Many of them hewed very closely to reality.
Johnnie Cochran really did utter the rebuke, "N----- please," to Chris Darden. It came after an argument about whether the defense could question Det. Mark Fuhrman about his use of the N-word, according to Jeffrey Toobin's book, "The Run of His Life," which inspired FX's "The People v OJ Simpson."
FX's "American Crime Story: The People v OJ Simpson"
FX's "American Crime Story: The People v OJ Simpson"
OJ Simpson really did yell at Chris Darden to "Get off my bench," according to Darden.
FX's "American Crime Story: The People v OJ Simpson"
Marcia Clark and Chris Darden really did travel together to the Bay Area, but the show's portrayal of the lingering moment outside her hotel room door is much different from the goodnight he describes in his book, during which they were 10 feet apart.
FX's "American Crime Story: The People v OJ Simpson"
FX's "American Crime Story: The People v OJ Simpson"
Mark Fuhrman really did admit to collecting "German medals" from World War II, according to Chris Darden. In World War II, German medals meant Nazi medals.
FX's "American Crime Story: The People v OJ Simpson"
Let’s look back on the details the FX series nailed
After Sacha Baron Cohen's insane interview with OJ Simpson, let's take a moment to revisit just how many bizarre details of Simpson's murder trial FX's "The People v OJ Simpson" got exactly right.