My Body Is a Sacred “Garment” – Does the First Amendment Creative Expression Protection Shield Clothing Designers Who Work Naked?

42 Rutgers L. Rec. 82 (2015) | WestLaw | LexisNexis | PDF

A Warner Brothers employee, Ms. Lyle, sued the writers of the TV program, Friends, for sexual harassment because the writers used sexually explicit coarse and vulgar language during their script writing sessions for the show. In the Supreme Court of California’s majority opinion regarding the suit, Lyle v. Warner Brothers Television Productions, the majority held, among other things, that the plaintiff’s sexual harassment claims were not supported by the facts because the discussions of the Friends writers were not “aimed at Lyle or other female employees” or “severe or pervasive” enough to constitute sexual harassment.

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