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.
I would love to see a film about the Maccabees even if it was done by what “Bruno” dubs “Der Fuhrer”, Mel Gibson.
http://www.youtube.com/watch?v=bGLGvjmzg-c
The Maccabees would probably be a lot like “300” though, in that it was a few against the many. According to Jewish legend, the Maccabees were a group of Priests led by Matisyahu (sound familiar?) and his sons, the foremost of whom was Judah. They rebelled against the Seleucids and their king Antiochus who tried to sell Hellenistic Greek Mythology to the jews and were somewhat successful, as basic Jewish traditions were banned with the punishment being the death penalty. Maccabees to some is a mnemonic or acronym of:
Mee
KaMocha
Ba’Elim
Jehovah
Hebrew for “Who Is Like You Among the Mighty, Oh Lord!” Meaning that the Maccabees derived their power from their faith in God himself. I think it would be an awesome movie. I’d cast Ian McKellen as Matisyahu and Sam Worthington as a kick-ass Judah.
Gee, Bob K, nice of you to drop by… Started by responding to Mike Spindell’s comment from 5 HOURS AGO. This is a thread, flexible; not a rigid “wire”.
Bob K – You do your non-patronizing your way, and I’ll do it mine. Sounds like you need to get rid of that stick that’s “innuendo”. Chill man…
*nothing I would say approaches art*
Bob K.,
I no longer patronize Gibson’s work either although I have seen “Apocalypto” and “Edge of Darkness” on television and I watched “Passion” over at a friend’s house (you’re right, it’s pretty much torture porn – visually stunning, but obviously made by someone with . . . peculiar interests). I will say it is sad though that such talent was invested in such a broken man as Mel Gibson. He’s a fine actor. “The Edge of Darkness” was well done on his part and its marginalization at the box office was due almost entirely to the episode with the cops. He was even good in “Hamlet”. I also think he’s a not just a fine, but a great, director when he puts his right mind to it. “Apocalypto” was a beautiful film visually that actually worked as a narrative – not an easy feat considering its minimal dialog was all in dead languages. I won’t spend any more money on the man’s projects, but I can’t deny he has talent. I don’t wish him ill either. He’s clearly got demons though. I think he should get help with fighting them for at this point they appear to be at the root of all his professional problems.
I’m also not suggesting that Joe Eszterhas is doing anything else than using Gibson’s troubles against him out of sour grapes. He’s written some popular movies, but unlike “Apocalypto”, nothing I was say approaches art. He is the guy behind such “great” films as “Jade”, “Showgirls” and “Basic Instinct”. Shakespeare he isn’t. Typical Hollywood opportunist? By every story I’ve ever heard about him, that sounds about right. If he’s pissed about the studio not liking the script, he should have taken it up with the studio. They’re the ones who backed down the project, not Gibson. If his gripes are Gibson has said undeniably anti-Semitic remarks? Or that he and his ex-wife have what at best can be termed as a toxic relationship? He should have thought about that before getting into a business relationship with the man. Afterwards and in the face of studio rejection makes the Esterhaus claim not only seem like closing the barn door after the horse has gotten out, but smacks of pettiness and questionable motivation on his part.
I’m with the Professor.
It would be in both parties interests here to shut up in public and settle this in private.
Bob Kauten: “I’ve seen stills from Gibson’s ‘The Passion of the Christ.’
Mel Gibson is into torture porn. I don’t want to see that stuff. It’s sick.”
I thought so also. Portrayed as religious depiction, it just seemed like a moral excuse to watch someone tortured to death.
This explains the cultural reference.
http://en.wikipedia.org/wiki/White_dress_of_Marilyn_Monroe
Gene H,
Who’s Marilyn?
junctionshamus: “… I won’t watch anything with Jane Fonda in it …”
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Dennis: ” Me neither.”
Ditto!
Gene,
You should have experienced the nuns!
This blog post concerns Mel Gibson and the son of Joe Eszterhas, not Jane Fonda.
I’ve seen stills from Gibson’s ‘The Passion of the Christ.’
Mel Gibson is into torture porn. I don’t want to see that stuff. It’s sick.
Gibson reportedly is anti-Semitic.
I therefore won’t patronize his work.
I don’t see what connection Jane Fonda has to this.
If Jane Fonda did something, or did not do something, forty years ago, you might consider getting over it.
Reminds me of people who hate Lincoln for the Civil War.
It’s over.
Not Anonomously Yours,
Not my thing, but if that blows your skirt Marilyn, knock youself out.
Gene H,
How about getting your ass wacked with a hack paddle hard enough that it makes you stand up on the balls of your feet. The shop teacher I had didn’t provide any options. Bend over and grab your ankles.
junctionshamus,
That or, in the words of Bill Cosby’s mother, “The beatings will now begin!” Either one works. Or there is the Hodges Option. I had a biology teacher once named Hodges. He was also the wood shop teacher. Tough fellow. Spent many months as a Japanese POW. He had stories that would make your hair stand straight up. Sharp as a razor. He had a simple solution when kids wouldn’t stop fighting in class. “You two are going out into the wood shop and have it. The first kid who picks up a tool or a piece of wood, I step in and kick your ass. But one thing is for sure: when you two are done, I don’t want to hear anything else about whatever it is you two are carrying on about. Not. A. Word. That, or you can shut the Hell up right now. Which is it going to be? Shop it or shut it?”
I never saw anyone take the Shop option although I did hear of one instance where it was exercised. And all the kids knew. They knew, “Don’t screw with Mr. Hodges.”
junctionshamus 1, April 19, 2012 at 1:43 pm
… I won’t watch anything with Jane Fonda in it …
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Dennis 1, April 19, 2012 at 3:10 pm
…
Me neither.
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The war on women is just another way Mel says “I sometimes feel one drink away from whatever makes a dog hump women’s legs.”
@Dredd – That’s not my war, it’s Mel’s; as he sows, so shall he reap.
I’ve categorized JF as “Commie, Traitor, Bitch,” way before Mad Max. In the Army, had an old E-8 who worked for MAC-V as a strategic target intel specialist, back in the day. Marked her hotel as a target, which would have also done a damn-damn to VC leadership. Apparently shipyards were the target de jour, and it seemed very strange that this target was so far away from other targets in Hanoi.
Guess I don’t understand your point about the war on women. Two moms, three sisters and a wife later, still love ’em all.
Nebbishly yours,
Bob
Gene,
I did not say you did…. I just said thank you for assisting in stopping this…. If you think I am asking you to curry favors for me…. Think again….. Got it!
So Gene, what’s step number 2: “Knock it off, or I’m gonna turn this thread around and go back home!” 😀
NAY,
Like I said…… So you say…..
Gyges,
Yes.
Don’t mistake my pointing that out as coming to either child’s specific aid, AY.
AY,
No need to feel flattered. You are not being attacked. With due respect, you’re being a bit too defensive.