A Netflix Lawsuit Could Change One Category For Good

Netflix has dealt with legal accusations of defamation many times before. In fact, Linda Fairstein’s case isn’t even the first to concern Ava DuVernay’s «When They See Us» specifically. What sets it apart, however, is how Fairstein’s attorneys have been able to push past usually iron-clad defenses. As Puck legal expert Eriq Gardner wrote, Netflix is normally able to brush such lawsuits off by claiming free speech protections, asserting their minimal role as a distributor, and otherwise enjoying the «exceptionally high» burden of proof required for defamation cases in the U.S.

But during the process of discovery, the prosecution was able to find enough private statements from Netflix employees and the series’ creative team that — when presented alongside selected scenes — compelled the court to move forward with a jury trial. A particularly important part of the prosecution’s case is a scene (referred to in the decision as «Scene 5») between Fairstein (played by Felicity Huffman) and ADA Nancy Ryan (Famke Jensen), which the plaintiff’s team alleges falsely attributes actions to Fairstein through Ryan’s fictional dialogue. In a text to Jensen, DuVernay wrote that her dialogue was, «All the things I’d say to Linda Fairstein if I ever got the chance.» This could potentially contradict DuVernay’s claim that Fairstein’s character was merely a representation of legal injustice.

Ryan’s character states that Fairstein coerced the five victims into confessing to crimes they did not commit. «A reasonable trier of fact could find by clear and convincing evidence that defendants acted with reckless disregard to the truth or falsity of Fairstein’s portrayal in Scene 5,» the court’s ruling reads. Thus, the motion for summary judgment was denied.