The release of a tape taken of Mel Gibson in Costa Rica by the son of screenwriter Joe Eszterhas has prompted a threat of a defamation lawsuit by the actor. Not only did Eszterhas release the tape secretly made by his son during an argument with Gibson, he accused Gibson of not wanting to proceed with the film “The Maccabees” because he hates Jews.
The tirade by Gibson was taped on an iPhone by Eszterhas ‘ 15-year-old son Nick. On the tape, Gibson, 52, is upset that Eszterhas has not moved more quickly on the script for the movie, which tells the story Jewish heroes: “Why don’t I have a first draft of ‘The Maccabees’? What the f**k have you been doing?” Gibson then goes further in attacking Oksana Grigorieva, his ex-girlfriend and mother of his young daughter: “I am earning money for a filthy little c**ksucker who takes advantage of me!”
On its face, it is a bit untoward for a guest to record a host secretly in their home. However, Eszterhas insisted that he released the tape because “Gibson called me a liar. And I also have some reason to believe he’s creating a PR blitz questioning my truthfulness.” While Eszterhas had agreed to do the film with Gibson, he denounced Gibson for “hating Jews” and using “The Maccabees” film project “to deflect continuing charges of anti-Semitism which have dogged you, charges which have crippled your career.” He publicly stated in a letter that “I’ve come to the conclusion that the reason you won’t make ‘The Maccabees’ is the ugliest possible one. You hate Jews.”
A privacy and defamation action would face challenges. Gibson’s claim of an expectation of privacy or that his comments were a protected private fact are undermined by his making the comments to third parties. There was not presumably agreement that such comments would be kept private by the guests.
On defamation, Gibson would collide with the public figure standard requiring a higher level of proof from celebrity to established defamation. The public figure standard was established in Curtis Publishing v. Butts (1967). The case involved a March 23, 1963 edition of The Saturday Evening Post alleging that former University of Georgia football coach Wallace Butts conspired with University of Alabama coach Paul “Bear” Bryant to fix a 1962 football game in Alabama’s favor. In a 5-4 decision, Chief Justice Warren wrote a concurrence that extended the ruling in New York Times v. Sullivan on public officials to public figures. He found the same reasons for applying the higher standard to public officials as present in cases involving public figures:
[I]t is plain that, although they are not subject to the restraints of the political process, “public figures,” like “public officials,” often play an influential role in ordering society. And surely, as a class, these “public figures” have as ready access as “public officials” to mass media of communication, both to influence policy and to counter criticism of their views and activities. Our citizenry has a legitimate and substantial interest in the conduct of such persons, and freedom of the press to engage in uninhibited debate about their involvement in public issues and events is as crucial as it is in the case of “public officials.” The fact that they are not amenable to the restraints of the political process only underscores the legitimate and substantial nature of the interest, since it means that public opinion may be the only instrument by which society can attempt to influence their conduct.
Gibson would need to show actual malice or a reckless disregard of the truth. He would also face truth as a defense with a likely successful effort to admit his prior anti-semitic ravings.
There is the possibility that the taping violated Costa Rican law, but that would involve pursuing a young boy for a criminal charge — not exactly good optics.
For these reasons, this is one dispute that may be better handled outside of court.
“While Eszterhas had agreed to do the film with Gibson, he denounced Gibson for “hating Jews” and using “The Maccabees” film project “to deflect continuing charges of anti-Semitism which have dogged you, charges which have crippled your career.” He publicly stated in a letter that “I’ve come to the conclusion that the reason you won’t make ‘The Maccabees’ is the ugliest possible one. You hate Jews.”
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July 30, 2006 (NY Times):
The sheriff’s report, carried on TMZ.com, a Web site owned by Time Warner, said Mr. Gibson had demanded to know if the officer, James Mee, was a Jew. During an obscenity-laced tirade, according to the report, Mr. Gibson also said “the Jews are responsible for all the wars in the world.”
TMZ (July 28, 2006): Gibson first told the arresting officer, “My life is over. I’m fucked. Robyn’s going to leave me.” According to the arrest report, Gibson then exploded into an angry tirade at the arresting officer. Gibson climaxed with the words, “Fucking Jews… the Jews are responsible for all the wars in the world.”
I believe truth is an absolute defense.
Nasty Mon,
I don’t know where his wife was born. Doesn’t matter.
AY, I don’t use sock puppets. Do you?
Wow, must suck to have your life. Not Anonymously Yours, that was directed to you and what other sock puppets you’re using today……
His wife was born in America, NAY?
Mel was born in the United States, but his family moved to Australia when he was still in his teens. You can’t deport somebody if they were born here. Nobody else wants your problem.
Some people actually deserve the ass whippings that they get. Not every person gets them that deserves them as apparent from some of the things they continually say.
I would have certainly given Mel an ass whipping. But who knows if she didn’t cause him to drink and taunt him about her extramarital affairs. Seems like some women go out of the way to provoke other people. Too bad they had children together, maybe could have had her skanky ass sent back home, revoke her citizenship if she is even a citizen.
There’s no guarantee that Gibson hates Jews. He just has a general attitude problem.
On the other hand, I heard him say several years ago during a television interview that his wife, who gave birth to six of his children, is going to hell because she isn’t a Catholic.
Junctionshamus: “I won’t watch anything with Jane Fonda in it…”
Me neither.
As someone mentioned, I watched Mel Gibson movies until I learned of his hatred of Jews and his fanatic Roman Catholic beliefs. Bye Mel, fade into the sunset!
Glad his wife finally wised up and divorced the anti-semitic womanizing drunk. She got half, and she deserves every penny of it for putting up with him for all those years.
lawsuit no
thunderdome
two men enter, one man leave
Mike – Same reason why I won’t watch anything with Jane Fonda in it… a lack of redemption.
I used to like Gibson before I found out about his and his father’s bigotry. Since then I will not watch anything with him in it.
I wish he wouldn’t do things like this. He is going to make Ron Paul look bad. Did you see Ron Paul and Mitt are talking about possible endorsements. We need someone like Paul in Washington. He is very smart.
I suggest a title for the Biography, or perhaps Autobiography:
(Greg Baxter, author).
Threatening and doing … two distinctly different actions.
Gibson is an out of control slug.
Not bad for an asswipe that got the holy shit beat out of him on a dock and his reconstructive surgery was paid for by the Catholic Church in Australia……
Being naive to the subtleties of wiretapping laws, would not the responsibility of the wiretapping transfer in part to the party that made it public?
I keep hoping that Mel & all those who trade on him have finished their 15 minutes so they will move on & leave decent society alone.