California Civil Code Section 47.1, colloquially known as the 'Me Too Law,' is an untested state law designed to protect individuals who make harassment complaints from retaliatory defamation lawsuits. In the Blake Lively vs. Justin Baldoni case, Lively settled her sexual harassment lawsuit without receiving financial compensation but is now seeking damages under this law against Baldoni's production company. The law's purpose is to prevent the weaponization of defamation suits to silence victims of harassment, but its application in celebrity disputes raises concerns about potential misuse and the need for careful judicial interpretation to balance protecting victims with preserving free speech rights.
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NY Times Fires Up Justin Baldoni vs. Blake Lively Discourse as "Triple Damage" Ruling LoomsAdded:
Hey guys, if you didn't see me earlier, uh I did a short stream before because the judge put out an order today uh asking for a hearing in the Blake Lively and Justin Baldoni matter after the settlement already took place. There is still this outstanding motion based on this California Civil Code Section 47.1, which people colloquially know as the Me Too Law. Uh this is an untested state law that Judge Lyman would be ruling on with basically nothing to go off of as far as precedent. I'm going to put this hat on real quick.
It's going to help so I'm not like messing with my hair this whole time.
Um but you know, he wants to have a short hearing, a brief hearing on this matter.
Uh it's going to be 30 minutes per side.
It's going to take place on Monday in New York. Uh and I think I'm I'm almost certainly going to go out there to to hear that. Um I was just in New York for like a week or so.
And I got back um at the beginning of this week. Sorry, I want to fix something on my camera real quick.
And now I'm going to go back. So, yeah. I I I just feel like I can't just not see it through to the end at this point after following everything along so closely and having this pretty something that hits so many important topics for so many people. And especially this 47.1 law uh which has been untested. And and the spirit of the law is important, right?
But it also carries a risk uh which we'll talk about in a minute.
Um to where we have to make sure it's applied appropriately.
And uh the New York Times has dipped their toe back into this water and talked about um the different sides in their position on this law.
And they give a brief summary of what happened leading up to the settlement, which you know, I'll I'll say this, is not like the first article they wrote.
That huge bombshell New York Times article that came out that was heavily biased and honestly in my opinion negligence in terms of journalism, but this is not like that.
Um I mean, it's not perfect, right? But I mean, nobody's going to be totally happy. I will say it's not perfect, but it's it's it's much much better in terms of the tone.
Uh let me move this real quick.
This should be better so it's not like constantly ruining my camera. There we go.
Um but we'll review what they had to say. I'll comment on a little bit. This won't be a super long stream, but I've been mostly off for the last couple weeks. Uh just been doing my day job and focusing on other things outside of that. Um but I did want to kind of get back into a little bit here.
Um is he going to rule on 47.1 based on this hearing? Um I mean, he wants I I saw that there are parts of the law that he's asking for case like case law that he wants um or they want him to consider in regards to that. I don't fully understand that. Reminder guys, I'm not a lawyer. Uh a lot of what we're going to talk about tonight is my personal perspective on how this law affects regular people uh and how these articles come across to regular people. I'm not a a law person.
I can't I can't tell you what the law means and how it's going to be applied.
Um I can give you my best guess sometimes, but that's it.
So.
Florida Sabrina, I knew you lived in the 904. I was subscribed for 3 months to stream. Oh, hey.
What's up?
Sorry, that's over on Twitch. And if you guys have Twitch, uh same username over there if you want to subscribe. So.
Okay.
Let me pull up this article. I found this on Reddit from Same Difference Av. So, I want to give them credit for that because I wouldn't have found it otherwise. I unsubscribed obviously to the New York Times back when everything kind of blew up.
Uh and this is not a super long article, so that's helpful.
Uh, give me one second here.
Okay.
So, right here, and I think this was this was published yesterday or the day before, I think. Uh, when Blake Lively settled her lawsuit against Justin Baldoni's production company, you can just say against Wayfarer Studios. You don't have to put against Justin Baldoni's production company. But, then I the more I think about it, the more hypocritical that is because I know like when people want to get news about Justin and his case and his studio's case, I use Justin, right? So, I have to kind of be a little more aware of that because like I get mad at some of these headlines that are like Blake Lively versus Justin Baldoni when it was Justin was personally dismissed from the case. But, at the same time, I also use Justin's name because it helps people get the information they're looking for, so maybe I shouldn't harp on that too much.
Averting a contentious celebrity trial, each side depicted itself as the victor, which I think is to be expected. Right.
Mr. Baldoni's lawyers celebrated a deal that did not involve any financial payout to Ms. Lively, who she said had been targeted by a retaliatory online campaign after complaining of sexual harassment on the set of the 2024 movie It Ends With Us.
So, >> [gasps] >> this the the thing about the settlement that was so crazy that I thought and and Kevin Fritz confirmed when I got to talk to him on on that interview a couple weeks back, uh, was that there was no NDAs.
And usually these things these things are locked down with NDAs and like there's no NDA here. Eventually, these people are going to speak their side of the story whenever they're ready to do so.
I'm happy to hear from them.
Um, but people in the mainstream media, these articles, they really harp on this no financial payoff thing and I think the more kind of significant part of this this story with this settlement is that yeah, she got no payoff but also he got away with like I can tell my story. I can tell my side of things. I get to talk about this and you're not going to silence me which I think is more interesting to me.
But you know, it is what it is. So I guess she's kind of banking on getting fees from this 47.1 motion which is very much up in the air at this point.
So I am oh hey Irma. Now it says she's confused by Lyman. She doesn't know what he wants. Maybe he just wants to see me again, you know, and he was like, well, I canceled the trial. Lauren's not going to be in my courtroom again and I'm just I just want to see her again. You know what I mean?
I just want her to sit there awkwardly in the pew and try not to touch anyone with her shoulder by accident and not breathe too too loudly or say anything and I just wanted to witness that again.
That's probably why he's asking for this.
Um >> [laughter] >> because I get really nervous in the courtroom.
Um >> [laughter] [snorts] >> Nurse Curly. Okay, so what is the bottom line with the update? So I did a short video earlier if you want to go watch that but this is like a live stream where we're talking about stuff. So you're you're not going to get what you're looking for here while this is happening. If you want to go watch that short video you can but please uh direct that comment or what you're looking for to the appropriate, you know, forum. So uh we're just going to talk about this article though here cuz I'm just kind of hanging out.
So that's not I'm not trying to be like snippy or anything. I'm just saying like go look go look at the short video, you know, what I mean? Like don't I I don't want to be pressured to stop what I'm doing. All right. Anyways.
Ms. Lively's lawyers, however, have projected confidence that money would soon be on its way. The mechanism they say is a 2-year-old California law that was adopted to prevent the weaponization of defamation suits to intimidate those who make harassment complaints. So, the law is supposed to uh provide protection uh for those who make these complaints of abuse or harassment or assaults uh from defamation claims from those they're accusing. So, if somebody is harassed in the workplace and they bring a lawsuit related to that based on those protected claims of harassment. And the person who harassed them filed suit solely to retaliate against them and punish them for making those complaints, that's what the law is meant to protect against, right? That to to me, I can only say my opinion, right? Is clearly not what happened here, okay? So, she was not retaliated against for making any sort of complaint in my view.
Um Let me just move this for a second.
So, when Blake Lively quote-unquote complained, when she had a problem, she didn't like something, um she, you know, immediately got exactly what she should have gotten in response, which is was an apology and immediate change in behavior that never happened again. I'm so sorry that I inadvertently, unintentionally made you feel uncomfortable, and then everybody moved on.
But, she later weaponized that as if she were relentlessly harassed and abused even on the set uh so that she could trash this man in the press and basically lift herself up, in my opinion, as some kind of hero using this 47.1 law as an accessory.
I I can only tell you my opinion. I know lots of people will disagree over the internet, but my opinion is that she views this 47.1 law as her new claim to fame.
As the thing that's going to make her you know, you can give her a higher It's it's going to make her more famous.
It's going to make her a a hero for people, right? For everyday people. But the thing is when you see the work that she's actually done, even though she's claimed to have done all this stuff, it's like she made an Instagram post that benefited her financially and like that's not work you're doing for anyone else. You're not trying to protect anyone else. She made this whole big spiel about how I will never stop fighting and then she stopped fighting the second that she was going to have to go on the stand and answer to perjuring herself.
You know, I guess she didn't I guess she technically didn't Okay, so let's see she technically didn't I don't know if you perjured herself in the deposition. I mean, you could she lied, right?
Um she was dishonest. She didn't tell the whole truth when it came to asking people to delete footage and [ __ ] like that. Asking Sony to delete footage uh even through a third party. She obviously intended for them to delete stuff. Um she was not truthful and she didn't want to answer to that in my opinion, right? There were a lot of things she didn't want to answer to in my opinion like the the thing about the circumcision where she's had her people in the press going out there saying Justin Baldoni randomly described his genitalia to women in the workplace and it's like this was a conversation at her house among friends before they ever worked together.
And she brought up circumcision because she was about to have her first baby boy.
That's a pretty different context and a a pretty awful thing for the New York Times to misrepresent to the public. You want to believe that a publication as formally, you know, like highly regarded as the New York Times and still is by a lot of people, will tell you the truth. Will give you the full context. But they weren't interested in that.
They weren't interested in providing that. They weren't interested in hearing it. So I don't know. There's a there's a lot going on there that was just dishonest to me. So um this law is meant to protect people who were legitimately victimized and punished for speaking up about what they went through.
And Blake Lively was not punished. She was adored for things that she wasn't honest about.
She was put up on a pedestal and and she thought she was going to be this new social justice hero in this new wave of of some kind of Me Too movement, which don't get me wrong.
I'm not a I'm not an anti-Me Too person.
I'm not.
Um people will say that just because they hate my opinion on this celebrity and I think that's has more to do with their celebrity worship that it does with my opinions on Me Too, but um I'm not an anti-Me Too person, but I am against people using the Me Too movement to prop themselves up when they clearly don't have any standing to do so in my opinion and they're not actually doing anything for anyone else. So, that's just me.
All right, give me one sec.
All right.
Pull this back up real quick.
Okay.
>> [gasps] >> Mr. Baldoni and his associates did file a defamation suit against Miss Lively and it was dismissed last year by the judge who presides in her case. But will Judge Lyman sitting in a federal court in New York now choose to hand down penalties through a state law that has barely been put to the test in California. And this is the the big question, right?
Miss Lively has staked her last chance at a payout in her case on this final legal motion, which seeks legal fees and damages. The settlement that resolved her larger case specifically exempted the issue of whether she might be due damages under the California statute.
And her legal team has framed it as an opportunity to tread new ground on a Me Too era law, which again is a red flag for me.
Um I do think she's wearing this this law like a necklace and be like, "Look at me. I'm the special lady who made this happen." But there are actually women who went through abuse and harassment who were behind this law and who embody the spirit of this law and who needed these protections and are trying to make sure other people who are protected, who in my opinion uh deserve for their voices to be heard and and for them to be the face of this kind of law and this movement to make laws like this happen in different states. Um Blake Lively hasn't done jack [ __ ] for those people or their cause. In fact, I believe she's harmed it. I believe that she is lying uh for one. I believe that she exaggerated stupid silly issues that happened on set uh because she didn't like Justin Baldoni and she didn't like Jamie Heath and she didn't like that they had a different culture than her and that was something that she was uncomfortable with, but being uncomfortable a lot of us are uncomfortable I'm constantly uncomfortable in social situations, you know, but it doesn't mean anyone's harassing me, right? You can be uncomfortable around people and not be harassed.
Uh but she has framed this as they did something wrong to her by being people that she didn't like, in my opinion. By doing things that she thought were Maybe she thought they were too like family-like on the set. Maybe they were too I know she used the culture of hugging as an example, but like if you're going to go hug somebody and they hug you on another occasion, they're not doing anything wrong to you.
What you need to do is use your voice and say, "I don't want to be hugged."
Okay? Cuz you confused them by starting the hugging. And that's I'm just going off of what I've seen in these depositions, what I've seen in these documents.
You're confusing them by like starting the hugging and then being like, "You're doing something wrong." When they initiate the same kind of friendly contact.
Uh that's weird and that's not a Me Too issue. So, um Tina Holmes says, "It says so much that a dozen women didn't follow the bee and also claim he sexually harassed them.
He's so likable that no one put money over truth."
I mean, some of them certainly seem to complain about him for benefit when she was having an issue with him. The thing is, all these grievances with the other women on set, they were like petty workplace disagreements. Like, Kristi Hall, who could very well be a wonderful writer, right? I'm not going to say Kristi Hall's a terrible person just because she didn't like Justin Baldoni.
I'm saying Kristi Hall's issue with wanting to direct and being told no, uh, is not a sexual harassment or Me Too issue.
And people conflating that is a problem.
I'm saying that Isabella Ferreira, who is saying, suddenly after reading the book multiple times, that a scene in which her, as a you know, 20-something-year-old woman, a full-blown adult, a scene in which her underaged character, who she read about before participating in this film, licking cookie dough off a spoon or her finger or whatever, was like a weird thing to do and like sexually inappropriate.
I'm saying that's not a Me Too issue.
That's not an issue of harassment.
That's That's a weird thing to complain about and try to make it into a to a Me Too issue.
And I'm saying that everyday women in this country who go through terrible things in the workplace and just have to suck it up and deal with it, who don't have the means to buy a lawyer to fight for them based on laws that don't apply to their situation, like those women are being let down by women like Isabella Ferreira, who complain about licking cookie dough off a spoon for a film that you read the book about, you know, beforehand and knew that was a scene in the book, and then pretended that this had some sort of sexually inappropriate uh thing to do with minors when you were a a full fully grown 20-something-year-old woman.
That's a problem. I'm saying Blake Lively um saying that a conversation about circumcision that she initiated should somehow be the sweeping generalization by which we um you know, base our laws for everyday women in this country, that's a problem. I'm saying um Chrissy Hall not being appointed director when she wanted it and basing our Me Too laws off of that is a problem. Like that that is a problem.
We should hear from everyday women who have actually been harassed in the workplace and been retaliated against.
Things that that people who've actually been affected by this kind of behavior, those should be the people speaking out and being paid attention to.
Right? And I would love to do that. The thing is like these are not totally public figures, a lot of them. Okay? I know one of them uh not not one of the people behind the law, but somebody who uh wanted to bat for this law came forward at some point when all those amicus briefs were coming out, and it turned out that Ezra Hudson was on the board of one of those organizations.
So, having little finger in the pie there again, looks really bad for everyday women who need the protections that this law can provide.
Like if you're having your lawyer who's on the board of one of these organizations influence these organizations to push for this law in an inappropriate context just to possibly benefit somebody who absolutely does not need it and to ruin that for everyday women who might need those protections, that's disgusting in my opinion. And and people, you know, these like crazy militant extremist subreddits were like you can't ever criticize a woman or you're a misogynist. They'll they'll call me a misogynist because I like Justin Baldoni. From what I can tell, I've never met the guy. I've never spoken to him. I know people online have put out some really weird conspiracy theories, but like I like what I've seen of Justin.
I like um the way that I feel he operates at something beyond a surface level. And if he ever wanted to talk, I would 100% do it. That's not a conspiracy, right? I like Justin.
And liking Justin does not make me a misogynist.
Okay? I think that what Blake did was wrong. I think that what Blake did was inappropriate. I think that what Blake did goes against what most women need.
That's why I don't support her.
Okay? And and so people will say you're a misogynist for that. No.
No, because I The thing is like I'll support every woman in my life, my friends, my family, you know, my mom, my sister, my cousins, my people I've known my whole life, and I'll support them with my actions or my words whenever they need it every single day. And I'll get called a misogynist for not propping up a celebrity who's using this law as a prop.
For what?
Popularity? You already have that. She got greedy. She went too far.
That's how I feel about it.
And I would hate to see a law with such a good spirit behind it be kicked to the curb because of that, because of that exploitation.
Um you know, I wish there had been things like this in place a long time ago, over 10 years ago, over 10 Wait, way over 10 years ago to protect me, right?
But there wasn't. And now that there is, I feel disgusted by Blake Lively trying to take advantage of it when it doesn't apply to her situation at all.
And I don't want to see that happen. So, when I see like random strangers on the internet bagging on me for being a misogynist or like I see like even these random like post elsewhere, I'm just like saying, "Well, I saw this person supports Baldoni." I'm like, "Yeah, I do."
I think he's a great guy with a lot to offer. I think he's not a perfect person. I think there are some things he could have done better, right? I think there are some things that maybe you don't want to do in the workplace that are they're not harassment, right? But they're opportunities to maybe be a little more professional. But like again, I can't make a total judgment on that because I've never worked on a film set.
And things are very, very different on a film set where you're making a movie about sex and relationships. So, it sucks, you know, that the label happens because I don't support this Me Too law being applied in the situation and I'll be bagged on for it and you know, people complain about me and say I'm a terrible woman hater and make fun of how I look and blah blah blah.
But the thing is like I I want things like this to protect the people in my life, right? I want things like this to protect people that even people I don't know who really need it.
My stance is my stance because I don't believe that this applies to her.
And I think she's exploited it in a really disgusting way. So, that's just my opinion.
All right.
Anyways, move on to what you guys actually came here for, which is reading this this thing, but um Okay, Ms. Lively has staked her last chance at a payout in her case on this final legal motion which seeks legal fees and damages. The settlement that resolved her larger case specifically exempted the issue of whether she might be due damages under the California statute, and her legal team has framed it as an opportunity to tread new ground on a Me Too era law.
And then they're quoting Ezra Hudson here. Ms. Lively hopes that her case in the application of this important statute will deter others from abusing the legal system and filing frivolous retaliatory defamation suits against people who speak out against sexual harassment and retaliation." Ezra Hudson, a lawyer for Ms. Lively, said in a statement.
Mr. Baldoni's lawyers have depicted the remaining dispute as far less significant and unlikely to succeed.
We'll get a quote here in a second. Um Ezra Hudson, I believe has operated in a way that I just like I I hate her being attached to any of these organizations that support this law because I feel like the way that she has acted has been so unethical in many ways, right?
Um and a lot of that came down to subpoenaing people who had opinions online.
And when like some of the most insane thing I've seen uh insane things I've seen lately has been like um I made a friend through covering this case.
Her name is Erin um and she produced a film and she had been answering questions for me when I asked questions about the hours of of film that they would have to to distribute in discovery. I would ask questions about the difference between an executive producer or producer and what a producer means on a film set versus a movie set because these things they mean different stuff, right? And we we became friends talking to each other about that and about uh just just generally about whatever came up. I mean, we would message each other uh every now and then and I would like her Instagram posts and we didn't meet until 2 days I guess Okay, so we didn't meet until technically 3 days before the settlement happened.
And we met uh again the next day, 2 days before the settlement happened where I took a clip uh of me and Erin and she talks about how she's known Justin's family since Justin was 18 and they you know, he's she's worked with his family on different projects and how Sam co-produced her movie. It's called the one. It's a really great movie. It's probably going to come out around holiday time, but I took my parents to see it at the premiere because it just so happened that her movie was having a premiere a few hours from where I live. Couple hours from where I live. So, we went down there and I I met her for the first time in person then.
And then I see all these like crazy ass posts or comments on Reddit like Lauren finally reveals her connection to the Wayfair parties.
And I was like, you guys are [ __ ] nuts.
That's [ __ ] insane. Like you you they think you're not allowed to talk to somebody who supports the Wayfair parties. Not even talk to the Wayfair parties, but talk to somebody who talked to somebody else.
Like I'm not allowed to do that. I'm not allowed to ask her questions about her life or her film and [ __ ] like that.
Like just just crazy bizarre [ __ ] like that.
Um and that doesn't help when Blake Lively's trying to you know, exploit it a a law that's not you know, obviously not applicable to your situation when people are like trying so hard and coping so hard that they have to try to find any possible explanation for like why I might be supporting someone else in that situation.
And the thing is people like Aaron and others who have worked in the industry, they need protections like this. So, it's offensive to me that Blake is exploiting it. You know what I mean? So, there's just a lot of weird [ __ ] going on.
Um that's come from this case and like it's starting to show like there's always been conflict when it comes to accusations among celebrities and among famous people.
Um especially with Me Too accusations.
But this is showing to me like a whole new level of misogynistic behavior and like weaponizing that term to where they'll attack any woman who doesn't approve of Blake Lively or some famous woman, some famous pretty rich celebrity who they want to fawn over, like, you know what I mean? Like They want to attack anybody who doesn't agree with her or doesn't support what she's doing because what she's doing is inappropriate in my opinion. Um It It's weird. And then they'll be like, "Well, they just make excuses for Justin Baldoni cuz he's a hot man or whatever."
They're just like, "Dude, like I I'm the first person to acknowledge that like people can make mistakes that make people uncomfortable while they're very well-meaning. And I think it's possible that Justin made Blake feel a certain way without meaning to, but that doesn't make him our harasser. It doesn't make him some sort of predator.
Uh and I'm tired of, you know, people automatically assuming the worst in people in these kinds of situation when there's a lot of evidence to the contrary.
Um and just like attacking people for thinking, "Hey, not everybody is the worst possible version you can imagine of them when you first see or hear something about them. Maybe you're wrong. Maybe there's another answer here. Maybe there's another explanation.
Let's think about that. Let's be careful with these very sensitive allegations because if you start to use it as a witch hunt and you start to take everything at face value all the time, then all of a sudden you're going to create a scenario where it's like, "Oh, well, I've seen people make this or that allegation and it really wasn't that big of a deal. So, why should we even take this seriously anymore?" And that's my problem.
So.
Um It's It's basically just anyone who wants to critically think about these things and have some reservations is like they think they're a terrible person, right?
And sorry, but not everything that makes you feel uncomfortable or not every time you don't like something is is an instance of harassment. It's not an instance of abuse, right? Even if somebody says something you don't like.
Even in the workplace. You got to communicate that. You got to go through the proper channels. You don't wait I don't know how many months and then scream at the guy, have your husband scream at the guy in your home with no warning whatsoever that anything was going wrong. Like that's just very strange behavior.
So.
All right.
Okay.
So, let's move on to the next page here. This is a quote from Friedman. It says, "I think it's a procedural motion." He's talking about the 471 motion, obviously. "That's left in the case. It's pretty standard."
Okay.
But when you want to parade around and call the loss a victory, this is your attempt to do so.
The law in question was passed in 2023, 6 years after the Me Too movement opened the floodgates of sexual misconduct complaints. And And I would say like you saw a lot more high-profile complaints uh when the Me Too movement became more of a thing, right?
Um you saw a lot more high-profile complaints or complaints involving celebrities.
Um but people were always making complaints, right? And I think it's when we characterize this Me Too movement as if it was like an opportunity an opportunistic thing, I think that takes away from the again, the spirit of what was behind this movement, the spirit of what was behind this law. I don't I don't love the way this is characterized here, to be honest. And I think I I a lot of people will probably agree with the way this article is laid out, but I actually don't.
Um I think saying opening the floodgates of sexual misconduct complaints no. I think we're writing off a lot that happened before that, right? But it just it just became a lot more front and center, I think.
Um and it took to be frank, it took a lot more courage, I think. Um and this is not to to to rag on anybody who who came out during the Me Too era, but like this is I think it took a lot more courage to kind of come forward with those allegations before even because you didn't have this automatic flood of support. You didn't have this automatic movement behind you and I feel like those people get written off sometimes.
You know what I mean?
All right.
Not that there's anything wrong with, you know, coming out during the Me Too era, right? But it's just I feel like we sometimes we think of the Me Too movement, the Me Too era as like a brand new issue.
And it's not.
There were always issues. That's why it happened.
But people kind of don't consider what happened before this this era from like 2017 and beyond.
2016 and beyond. So.
All right.
Anyways, another trend soon emerged, defamation lawsuits filed against those who aired accounts of harassment or assault.
Okay. Well, I I would love to uh read into that a little bit more, but I'm not going to do it tonight. I I see there's a hyperlink there.
But I'm not going to read it tonight.
I'll I'll I will read it though.
Um the legal organizations that backed the bill argued that the very threat of such a lawsuit could silence a victim fearful of expensive litigation. Right, true.
And where have I seen somebody try to silence someone with the fear of expensive litigation, especially anonymous online users? I'm just going to throw that out there.
So.
Uh Blake Lively has a particular knack for that. And so does her attorney Mike Gottlieb who uh did the same thing for his other client Drake.
Uh which I don't I'm I'll be honest, I don't know a terribly much about that lawsuit, but I know that they tried to subpoena content creators which I thought was stupid.
So, you can't like subpoena a random person for expressing a negative opinion about you. You can't subpoena someone and violate their privacy through a branch of government, the federal judiciary. You can't force with the the judicial branch, you can't force people to turn over their private information and stuff like that because they said something you don't like, because they know somebody you don't like. That's not appropriate.
You have to have hard concrete evidence of wrongdoing, which there wasn't any.
So, that whole thing was just ridiculous.
Okay.
And it's the legal organizations that backed the bill, we're talking about 471, argued that the very threat of such a lawsuit could silence a victim fearful of expensive litigation.
Even if they ultimately prevail, it's still at a cost, both financial and psychological. Again, I think a lot of us are aware of these consequences because Blake Lively threatened people with them.
So, I get people had nothing to do with her lawsuit. Like you can say like these people online, if you can have the opinion like you don't like what they're saying about Blake Lively online, you think that's gross, don't support them then. Don't support them, don't contribute to them financially, whatever. But using the court system and our federal judiciary to punish them for that speech, for those opinions, is inappropriate.
And it is financial and psychological, in my opinion, abuse. And intentional.
It's intentional abuse. Because she knew like there was no reason to ask for that stuff. So, Okay. Said Jessica Remy Stender, policy director for Equal Rights Advocates, a legal organization that co-sponsored the legislation. Ms. Lively's larger suit, and again, they don't disclose here that Ezra Hudson was on the board of one of these organizations. Nobody in mainstream media ever does when they talk about this stuff, which I think is important to disclose. So, take that as you will.
Right?
Okay.
Ms. Lively's larger suit that has now been settled accused Mr. Baldoni and his associates of waging an all-out effort to turn the internet against her. Their motive, the suit said, was to discredit her in the event that her sexual harassment complaints became public.
Among the conduct she cited by Mr. Baldoni, her co-star in It Ends With Us and the movie's director, were remarks about her appearance. She said he once told her that she looked pretty hot. And a comment to members of the production that she had never seen pornography. So, let's start here where it says the motive, the suit said, was to discredit her in the event her sexual harassment complaints became public.
Hard disagree on that, right? Um she got everything she wanted when she raised any kind of complaint, even informal.
People were tiptoeing around her on set.
She had all the power from everything we've seen and heard and read.
Um And there was nothing there to to lead anyone to believe, in my opinion, if you really look at the events and what happened, that they were they were doing any sort of PR activity because she made sexual harassment complaints.
When she started going to the press, and remember, she claims that they were doing a smear campaign even after the lawsuits were filed. So, even their defense against her claims she called a smear campaign.
So, when they went when she went to the press and started slamming these guys with false allegations, which I believe were false, um they defended themselves because this wasn't like a a protected workplace activity of like reporting sexual harassment with the intention of making a safer workplace uh and you know, improving the circumstances so that everybody felt comfortable in the workplace. It was intended to harm. What Blake Lively was doing was done with the intention to hurt them, to hurt their reputations, and it was not entirely truthful, if at all.
So, their hiring crisis PR, whatever they did, you know, like even if they did and at this point I've seen no evidence, no concrete evidence other than like junk science expert reports that have been heavily rebutted by other experts.
Uh if they actually did boost like negative stories about her that were true, I don't give a [ __ ] Uh if true things about somebody are being brought to public attention, that to me doesn't seem like a retaliatory, you know, act for complaining about sexual harassment.
It's she's all of a sudden trying to to trash on Justin Baldoni and everyone else involved.
And they're saying, "No, this is just kind of what this person does. Here's an example of that." So, even if and it's a huge if because I've again, I've not seen any evidence of this actually happening.
She didn't want to go to court to prove it. Therefore, you can't just automatically assume with any sort of like real concrete at like nothing concrete to back it up. You can't say um that they definitely retaliated and they definitely boosted or or suppressed things um other than what they admitted to, right? Which was positive boosting and of stuff about him. You can't then say for sure after she abandoned her claims that they did anything retaliatory and they they did anything to um boost negative opinion of her and therefore they're definitely guilty of of retaliating against someone for making a sexual harassment complaint.
Because again, like when you think smear campaign and retaliation, it's like th- these are true things.
She's not really disputing that they were true things.
She just didn't want to apologize for the things that people were upset about.
This is somebody who got so stubborn and was like, "I hate these people and I can't believe I'm being held accountable for things that the public doesn't like. So, I'm going to blame it on them. And and she didn't want to apologize for whatever came up with uh Shruti Chopra, right?
Who you know, put out that interview, right? And uh and others uh who were upset about clips of her promotion of the film.
Uh she didn't want to apologize for that. She didn't want to course correct.
She wanted to blame somebody else.
And if they in return decided to put out in the press a defense that says, "This woman is unreasonable. She's been rude and brash before and acted inappropriately, and that's why people get upset with her, and that's why they don't like her." I don't really have a problem with them saying true things.
Because it wasn't about a complaint.
It was about her attacking them.
So, that's just to me that's a stupid ass thing to call uh to associate with a Me Too law for retribution. You know what I mean?
Like that's that's stupid.
>> [snorts] >> All right.
Uh 19 kitten kiddo says, "This law was not with intention of use to multimillionaires and a hired lawyer on the board of a thrown out frivolous case."
Um let's see.
Okay. Okay. So, we've we've gone over that part. And then we get down to the comment about her looking pretty hot. Okay. So, she was very concerned about her appearance on this set. Um they used the words sexy sexy hot, whatever, a million times. And then one time he says her wardrobe looks hot. Okay.
This is where it like was important, I think, to consider the context of the film set of a movie about sex and relationships versus a a at Walmart.
Like you can't just walk up to your employee at Walmart and be like, "You look hot, babe." Like, that's [ __ ] weird, right? But, if you're on the set of a movie where there's supposed to be sexually charged scenes, and your co-star and and and the the actress the star actress that you're supposed to make happy is is saying, "I'm concerned about my appearance because I just had a baby." Or whatever.
And I'm concerned about how I look. And the the director says, "Oh, that looks pretty hot."
So, what?
Okay? If you're really uncomfortable with that, say, "I didn't like you making that comment about my appearance." But, you can't both like beg for reassurance and validation about your physical appearance, and then also get mad at somebody for complimenting your appearance. Like, it's it's just weird.
Um and a comment to members of the production that she never had seen pornography, I don't think I've ever seen any concrete evidence of that.
That's all hearsay to my my knowledge.
Uh if he did make a comment about that to members of production, I can't imagine a scenario where that would be appropriate, right? I would think like, "Hey, don't do that."
Um I think people on these kinds of environments are very comfortable with each other a lot of the time to where they'll make jokes that you wouldn't make in a normal workplace. So, that's all I could really say to that.
When I I try to imagine a scenario where that actually happened, um but I don't know. I read the guy's deposition, and I don't remember him ever saying that he said that to production. And if he did, that again, that's the kind of thing that you would say like, "Whoa, that made me uncomfortable."
The Justin would apologize, and then everybody moves on.
This had nothing to do with the bad PR.
Nothing.
Right?
Um and that's the kind of thing like if somebody said something like that about me to others in the workplace, I would be like kind of weirded out. Or even if told people that I have seen porn because let's be honest, I'm 33, okay?
Uh I would just be like, "Hey, like that was really uncomfortable." I might like write it down and make an appropriate report about it, hope that action was taken, and then kind of move on.
Right? With with whatever consequences were in place. And if something happened beyond that after making the complaint, then I would escalate things, right?
But sometimes when you joke around the way that Blake did with Justin and you use weird like innuendo in your messages and your voice notes and say like never with teeth and ball-busting and I don't know, just like talk about like vaguely sexual like things, when you bring up circumcision to the man, like he might think that you have a more comfortable relationship to him than you actually have.
And that's why complaints are there to protect you when somebody crosses the line by misinterpretation, right? So, if somebody crosses the line on purpose even, right? So, they're there to kind of get to the bottom of that. Say like, "Hey, we need to nip this in the bud.
That wasn't right. You shouldn't do that. You shouldn't talk about her like that. Let's not do that again."
And and give them a an appropriate consequence.
And then if it happens again, you kind of drop the hammer, right? But if if there's a chance that somebody wasn't trying to be malicious, that they were just responding to the relationship cues that Blake Lively was giving, that's a different thing.
So.
Right.
Okay.
Mr. Baldoni's side quickly countersued, accusing Ms. Lively of twisting innocuous interactions into harassment allegations in an effort to assert control over the making of the movie.
When Judge Lyman dismissed Mr. Baldoni's defamation claims, he found that Ms. Lively's accusations were protected because she had made them in a legal filing. He also dismissed a defamation claim filed against the New York Times which published an article published an article in December 2024 based on the same filing.
The trial over Ms. Lively's original suit was to have started last week. Her case had been narrowed significantly by Judge Lyman who tossed her claims of sexual harassment based on legal technicalities. But still outstanding was the question of whether efforts by Mr. Baldoni's crisis PR team to shape conversations online crossed the line as retaliations.
I have a problem with the way this article from the Times is significantly improved from what I've seen from them in the past. However, I have a problem with this where they, you know, characterize his suit being dismissed based on like some sort of profound protection for Blake Lively, right? Um when that was also a technicality. If we're going to call the law a technicality, let's call it a technicality both times. Let's be even inappropriate with that. So, calling the dismissal of her sexual harassment claims when the her claims did not meet the threshold for sexual harassment under the the certain laws that would have applied, that's that's not a technicality, right?
That's the law.
The law did not apply to her, the state law she chose to use. Okay? So, she tried to use a California law that would benefit her more than a law in the jurisdiction that she actually was in.
Um and there was a reason for that because she actually had like all the power on that film set and she would benefit from using this California law and acting as if she was a helpless employee.
But she was not a helpless employee. She wasn't a helpless anything.
She was in She was totally stomping all over that set and everyone on it.
Okay? But she was never an employee according to the judge. So like her weird complaints, they don't even make sense because she had the control over everything on the film set. She brought up these topics such as circumcision.
She started hugging the man that she complained about hugging her. So these things didn't make sense. So that's more than just a little silly technicality.
If you want to call it a technicality, let's call it both ways.
Because Mr. Baldoni's defamation claims being dismissed not because they aren't true, but because Ms. Lively's accusations could be made in a legal document even if they aren't true.
That's you know, again, like we're going to call it a technicality both ways, right? So let's be a little more fair with that. But of course, nobody ever wants to from these publications wants to consider that, you know.
All right.
After the settlement, the remaining dispute revolves around the contention by Ms. Lively's legal team made in court papers that under the California law, Mr. Baldoni Mr. Baldoni's dismissed defamation countersuit was a legally baseless attack on her credibility. And and here's my thing, like her statements even though they were not totally honest were protected because they were in a legal document.
So why is he not protected the same way raising his grievance to the government in a legal document?
That's a little [ __ ] up if you ask me.
All right.
They asked for the full scope of compensation allowed under the law including legal fees, triple damages, and punitive damages. Lawyers for Mr. Baldoni and his production company Wayfarer Studios have said that they had every right to defend themselves and that any blow to Ms. Lively's reputation was a problem of her own making.
The crux of the dispute centers on whether under the terms of the California law, Ms. Lively made her sexual harassment complaints without malice.
And that was never proven. It never went that far.
Arguing it was clear that she acted in good faith, her lawyers have pointed to a text message sent by Mr. Baldoni to a member of his crisis communications team in 2024 before the legal fight began.
Uh and they quote him here in a text, "I just know her personality and this is the kind of person that genuinely believes she's right and that all of this is unjust." Mr. Baldoni wrote. But Mr. Baldoni's team has pointed to a series of allegations that they described as fabricated, materially mischaracterized, or grossly exaggerated. So, this is what I don't like.
Just because somebody's a crazy delulu person who believes that they're entitled to like control your actions and your tone and police everything that you do while they act as inappropriately as possible, that doesn't make it the case, right? So, like she might genuinely believe that having a culture of hugging, right? Them hugging other people on set or them saying hi to fans was wrong. But that doesn't mean it was wrong. It was her weird subjective belief. So, when it comes to like this thing in the press where she's making false allegations, it's no longer a matter of how she feels and making sure that she feels safe because they're not in the workplace anymore. They're out in the real world and she's destroying their lives outside of the workplace. So, they're allowed to defend that in my view. That's my perspective.
Um I think that her believing that something was weird or or creepy even doesn't necessarily make it so.
It's a totally subjective thing. Um and if she subjectively felt creeped out, she had a right to raise a grievance and to have that behavior corrected, which is what happened.
So, this stupid lawsuit was ridiculous.
Uh The New York Times article was ridiculous. Thinking that you're owed hundreds of millions of dollars over this is ridiculous.
I don't know. This was all just so bizarre and such a waste.
Um Like yeah, these people had a hard time working together. They all went through enough stress because they didn't like each other and they should have left it at that.
But no.
Because when you attack somebody with false accusations, in my opinion, of sexual harassment, even if you believe what you're saying is true, they still have a right to defend themselves if your perspective is [ __ ] warped.
So, that's how I feel about it.
Maybe she really thought that was just and she genuinely believed that she was right.
But that doesn't make it so.
It just means she had her crazy pants on. I don't know. Like that's kind of how I feel about it. Like Honestly, saying somebody randomly described their genitals to you when you were just having a a conversation about a medical issue of circumcision because you brought up the topic about your your child that you were having.
That's crazy pants. To to complain about that and call that sexual harassment.
So.
All right.
One example that they cite was a claim from Ms. Lively made in legal filings that Mr. Baldoni had behaved inappropriately on set by caressing Ms. Lively with his mouth during a slow dance scene where she did not expect any intimacy. Mr. Baldoni's side released footage of the scene saying that her allegations of untoward behavior were disproved by the video. And this is kind of an understatement, right? A big understatement, actually.
Uh saying that, you know, that's all that they were saying was un the allegations were untoward about because she like complained about the man body shaming her. She complained that he was like kissing her without consent. And the kiss was like a kiss on the forehead during a romantic scene.
Right? Like Okay.
Um where they were acting as lovers.
And and he did not caress her with his mouth. That was very clear. And then she took the liberty of body shaming him for having a big nose at the end of that clips. So like she just like everything that she accuses this man of she's done at some point. It's just ridiculous.
And you can see that with your own eyes and and see that like she did not he did not do the creepy things that she said he did like the "Ooh, it smells so good." allegation, which was actually just like she said, "Oh, I got some of my body spray on you on you." And he was like, "Oh, it's okay. It smells good."
That's not sexual. What's your [ __ ] problem? Sorry. Sometimes it's just like It irritates me.
It's like that's so [ __ ] dumb.
All right.
Federal judges regularly apply state law, but they typically have precedent from state courts to help guide them. In this case, there are not many cases out of California for Judge Lyman to reference. And Judge Lyman has asked for the parties by Sunday to give a one-page you know, like letter of to what cases uh they would like him to review.
So.
In one, a hospital custodian was sued for defamation after reporting that a colleague had made sexually harassing comments towards her. Okay.
The defamation suit was dismissed, and a judge found last year that she was entitled to legal fees and damages under the California law. The custodian reached a settlement on the amount owed to her and did not pursue the possibility of a larger financial payout. Okay. So, I already noticed first thing this is not a film set. This is um about a a sex movie, right? This is about um a hospital setting.
Uh what was said?
What was the context of what it was said in?
And why was it found to be retaliatory?
What were the What was the context under which the lawsuit was filed?
Did that person go to the press first?
Was it res- Was it was it Was it res- response to a response to press statements?
Or was this person just being a dick?
I would love to know, but they didn't give you a lot of information there. I think that's important.
Okay. Some lawyers have expressed concern that in seeking to ensure that sexual harassment victims are not silenced, the law may risk chilling speech by the accused, which is important because people do make, men and women, false allegations. It happens, and I know people are uncomfortable with acknowledging that, but not acknowledging it is only going to lead to more problems. You have to acknowledge that it does happen.
Okay. And people do have a right to petition that. They have a right to defend.
Okay. Let me quote here. "If you've been falsely accused of something as as serious as sexual assault, sexual harassment, and you actually feel you have a strong lawsuit," said Dustin uh Pusch, I'm not sure, a lawyer with expertise in First Amendment cases, "this law is going to make you think twice about taking this to court and trying to defend your reputation."
And what we can't do is scare people out of exercising their rights, in my opinion. You can't scare people out of their free speech by threatening them with your crazy ass lawyers who will literally do anything to get your money.
Um you can't scare people out of defending themselves in court.
You don't want to encourage that.
People have to be able to exercise their rights.
At a hearing in Ms. Lively's case in April before the settlement, Judge Lyman underscored how seriously he takes a person's right to seek redress to the court system, indicating that he is likely to closely scrutinize the issue of whether the Baldoni counterclaim was retaliatory. Since the settlement, the judge has not betrayed much, writing in a one-sentence directive that he does not require additional briefing at this time on the issues raised by the California law. And like, I'm not totally surprised. I'm not a lawyer, but I'm not totally surprised he wants a hearing on this. Again, like his ruling is he's got not much to go off of, right? Actually, nothing. He's got like nothing to go off of in terms of the state law and the kind of stuff they would normally have to to observe and to consider.
Uh this is he's kind of taking a shot in the dark here almost. Not in the not in the dark. That's cuz cuz he's going to be informed, right? Based on whatever cases they bring to him. But like, I'm not surprised he's he's taking his time and being careful with this one because this is going to have a big implication.
You don't want to like destroy the law and like totally brutalize it when it could have positive impacts for people in California who are actually affected by California law that this actually applies to, right? But you also don't want to use it as a punitive measure against somebody who is just exercising their rights to defend themselves.
So, it's a it's a hard I don't envy the guy. I don't envy Judge Lyman. I think this is a tough thing.
So, okay.
Since this is an untested California law, hey CMBB.
I would never want to go there. Dude, I wouldn't either.
>> [laughter] >> All right.
See.
Once he does rule, it would seem he will have the last word. As part of the settlement deal, the adversaries came to an unusual agreement in a case known for its aggressive lawyering. Neither side will appeal the decision. Right, so um whatever happens, neither one of them is going to appeal whatever he decides, right?
Okay, let's see.
Oh, CMBB. Why thank you for the five gifted memberships. I appreciate that.
It was super long article. Uh before I forget, it lets me give like Okay.
Let me give like a certain number of free memberships a month. Let me give five.
Who got them? Hang on.
Buzz Ballistic, Cart- Cartasnera, Julie Ann Claver, Becky and The Art World and Forever Jaded One got them.
Okay, cool. So, I'm allowed to give 10 free memberships per month and I already gave five. So, I got to give you the other five now. So.
All right, cool guys.
All right.
Let's see.
I have to skip YouTube intros that have RR clips. Well, I don't have one of those, so we're good.
Um I did like a members thing last week, but I'll do another one probably this weekend about something else. I want to talk about that Did you guys watch The Crash? Anybody watch The Crash, the Netflix documentary? That was [ __ ] crazy.
>> So, I'll probably do a little bit about that. There's that The thing with this other one, the Anna Kaplan case, is really sad. It's uh the the girl who was killed by her, I think, stepbrother uh on the cruise ship, and he is like on going to be on trial for her murder now, and he's like roaming free. The judge just let him go. Like, he doesn't have to wait for trial in jail, which is crazy as [ __ ] if you look at the evidence.
Um so, yeah. That's a that's a scary one. That's a sad one, but something.
And then there's the David case, the guy D4V- D4VD, I think is his spelling. I'm looking at how I said the D4VD. Yeah, D4VD David uh is the rapper who killed that underage girl, hit her in the trunk, and just like took off.
[ __ ] genius that one, right? So, like, I don't know. There's been a few things um to look into. The reason I don't get as invested in those as I do in these is like I feel like there was so much to unpack here and there's a lot at stake as far as how the law is interpreted.
But if you look at these like murder cases and stuff, my thought is like I could spend 5 minutes talking about what a piece of [ __ ] this person is for killing someone, but there's not much to unpack there.
>> [laughter] >> So, if there was a case where it was like I don't know if you did it or not and that's kind of interesting where I want to examine the evidence, it's one thing, but like I don't know. I'm not to figure something out as far as what I want to do about those. I looked into like Candace Owens uh and some of what she had going on and then I ultimately decided not to touch that anymore because it was like I saw some of the reactions people were having to each other and it was like I'm going to kill your family if you don't agree with me and that that was like [ __ ] scary. So, I decided to stay away from that.
So, you know, I've just been um kind of like casually looking at stuff when I have a chance, but I've been staying mostly offline, but I'm going to I'm going to try to get back into it, so this weekend probably. I don't know if I'll be back tomorrow, but I will be this weekend. If you haven't seen The Crash, it's on Netflix, but make sure you make sure you supplement with like some of the other documentaries online because there's a lot a lot they left out of that one. It's actually crazy.
All right.
I'm going to take off for tonight.
Um try to go to bed a little earlier and uh if I can if I have something tomorrow, I'll let you guys know.
Um but I don't I I don't know yet. So, probably this weekend, so. All right, thank you everybody for being here. I appreciate it and I'll uh see you all soon. Don't forget to like button for me. It helps me out a lot. So.
Bye.
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